Ordinance 045-1997
:r
0 :r
a: "J
0
(.)
llJ e::
C,t,: 0-
r:;
<7) en
t.. .......
C, :;:::::.
, , c:::::>
-, :z:
-
lL C-
en
..
[;.J
." .::::>
rl'_~ 0
-' 0
c,:~ W
'.. ;:)0
-' 0:::
. ..,..
-..--. ~ ~
......JO
(~',; ,;.) :::::
BOCC ORDINANCE NO.
045-1997
<t
....J
l.L..
>-
f-
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COMMISSIONERS APPROVING A REQUEST FILED
BY MONROE COUNTY PL~ING DEPARTMENT TO
AMEND THE FUTURE LAND USE MAP FROM MIXED
USE/COMMERCIAL (MC) TO RESIDENTIAL MEDIUM
(RM) FOR PROPERTY DESCRIBED AS BLOCK 4, LOTS
1-6 AND BLOCK 5, LOTS 1-8 AND 10, HARBOR
SHORES SUBDIVISION AND TO RESIDENTIAL LOW
(RL) FOR PROPERTY DESCRIBED AS BLOCK 5, LOT
9, HARBOR SHORES SUBDIVISION LOCATED AT MILE
MARKER 99 IN SECTION 32, TOWNSHIP 61 SOUTH,
RANGE 39 EAST, HAVING REAL ESTATE
IDENTIFICATION NUMBERS 00522000, 00522010,
00522020, 00522030, 00522040, 00522050,
00522060, 00522070, 00522080, 00522090,
00522100, 00522110, 00522120, 00522130,
00522140 AND 00522150.
..,..
.....
WHEREAS, the Board of County Commissioners, on April 15, 1993,
adopted the Monroe County Year 2010 Comprehensive Plan, and
therefore, designated the above described properties as Mixed
Use/Commercial (MU/C) on the Future Land Use Maps (FLUM); 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 request for future land use map
amendment to the Monroe County Year 2010 Comprehensive Plan
filed by the Monroe County Planning Department to change the
future land use designation from Mixed Use/Commercial (MU/C) to
Residential Medium (RM) for all properties described above except
for Block 4, Lot 9, which is proposed for change to Residential
Low (RL); and
WHEREAS, the Planning and Environmental
have reviewed the proposed future land
recommend approval; and
Resources
use map
Departments
changes and
WHEREAS, during the amendment process,
Committee, after due notice and public
hearing process, has reviewed the proposed
changes and recommends approval; and
the Development Review
participation in the
future land use map
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
recommendations of the Planning and Environmental Resources
Departments and the Development Review Committee and recommends
approval; and
HRBRSHS.99E/TXTAMAP
1
Initials
WHEREAS, the Florida Department of Community
reviewed the proposed amendment and issued an
Recommendations and Comments (aRC) Report; and
Affairs has
Objections,
WHEREAS, additional data and analysis have been incorporated
into the staff report in support of the amendment and in response
to the aRC; and
WHEREAS, the Monroe County Board
"adoption hearing" on November 12,
public participation in the hearing
the above recommendations; and
of Commissioners, held an
1997 and after due notice and
process, has reviewed all of
WHEREAS, the Monroe County Board of Commissioners, hereby
amends the previous ordinance associated with this amendment and
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 by the Director of
Environmental Resources, Block 4, Lots 1-3 and Block 5, Lots 2
and 3 are disturbed wetlands. Lots 7 and 8 of Block 5 are
disturbed with mangrove and disturbed with saltmarsh and
buttonwood. Lot 9 of Block 5 is undisturbed mangrove wetland.
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.
HRBRSHS.99E/TXTAMAP
2
Initials
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
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 adopted 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 11)
THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
MONROE COUNTY, FLORIDA: THAT
HRBRSHS.99E/TXTAMAP
3
Initials
Section 1. This Board specifically adopts the findings of
facts and conclusions of law stated above; and therefore
Section 2. The previously described properties are currently
designated as Mixed Use/Commercial (MU/C), as shown on the
attached map, which is hereby incorporated by reference.
Section 3. Block 4, Lots 1- 6 and Block 5, Lots 7 - 8, and Lot
10, shall now be designated as Residential Medium (RM).
Section 4. Block 5,
Residential Low (RL).
Lot
9 shall now be designated as
Section 5. The Future Land Use Map of the Monroe County Year
2010 Comprehensive Plan shall be amended, as delineated in
sections 3 and 4 above, changing the future land use designation
of the properties.
Section 6. 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 7. This ordinance shall be filed in the Office of the
Secretery of the State of Florida, but the effective date of this
plan amendment shall be the date a final order is issed by the
Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section
163.3184, Florida Statutes.
Section 8. 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.
HRBRSHS.99E/TXTAMAP
4
Initials
PASSED AND ADOPTED by the Board of County commission~~s of
Monroe County, Florida, at regular meetings held on the th
day of November, A.D., 1997.
Comri.1issioner 'MCtYbY Douglas's yes
Mayor ~=Eefn- London yes
Commissioner Harvey yes
Commissioner Freeman yes
Commissioner Reich yes
::;;;"~f:l'j,;
. '-'ti, ~~y
BOARD OF COUNTY COMMISSIONERS
Jld~
" Mayor
By:
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
~~c.. ~Xl~
DEPUTY CLERK
BY
HRBRSHS.99E/TXTAMAP
5
Initials
\.,
I
'\ \
-('"\
'I
)
l \
" l
"-.....
(\
) \
..-
rJ \
r.::'_J"'I... (
\ \
-,\.
'e-\ Baker Cut
.
Point PI
.
~ Pelican Key
Sunset Cove
Key Lar!
Point Charles
N
1
Monroe County Year 2010 Comprehensive Plan
Future Land Use Map
Adopted January 1996
I' ~)( / r /
I; , -' .' ~
r ~7 {- (t L1
I 1 "=2000' I
"/' " J
/ / . .-.
,
mannp 1L. itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF nIB CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGIIW A Y
PLANTATION KEY, FLOI~IDA 33070
TEL. (30S) !l52,7I45
FAX (30S) 852,7146
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:
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 on November 12, 1997. Please
file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
~o...L.J.(}. f1y1~
Deputy Clerk
cc: County Administrator
County Attorney
Growth Mgmnt. Dir.
./File
<~~
,~..; ;
. ~ ~ ,
..~;.."'.di:,/',.
::~':J;~t. .:
'_~_~~I.
,
'~ i
Vi
~ C)
'{ ~
'. >
," !
~ 5
',t g
~ i
.~i ..,
II
'ii.
, E
o
u
SENDER:
· Complete items 1 and/or 2 for additional services.
· Complete items 3, 4a, and 4b.
· Print your name and address on the reverse of this form so that we can retum this
card to you.
· Attach this form to the front of the mailpiece, or on the back if space does not
permit.
· Write "Return Recsipt Requested" on the mailpiece below the articte number.
.The Retum Receipt win Ihow to whom the article wa. delivered Illd the date
delivered.
I also wish to receive the
following services (for an
extra fee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
Consult postmaster for fee.
48. A~le Number uo9
F381 JOl~ '7
4b. Service Type
o Registered Certified
o Express Mail 0 Insured
o Retum Receipt lor Merchandise 0 COD
7. Date of De/ift'OV 2 119911
3. Article Addressed to:
q~~
rrk f1~~,
40/~ '7lZo~ ,P:
o1d1..) /L 3~399~CJ;;50
5. R:.ceived~n~ ~a,:e!
a:
~ 6.
o
>-
.!!
. \ J ii
i !!! i i
; /
if
i;' i
! i I
PS, "
..
.
............ilAJ
8. Addressee's Address (Only if requested
,gnrl f_ HI nRidl
I" f i i !. i i ! f j i f i i i l i i i j
II I 1{!lUlI/illlill
: j I'
Iii
; i
II
, Receipt
p
381 826 409
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reversel
~.
-
UNitED SlATES
POSTAl SfItVICE
OJ
OJ
Q)
C
::J
-, f () r AI. p(l~;U~W
o Kifu:s
o
ex>
('I)
E
o
u.
(fJ
Cl.
$
Po:;trnark or 03lt~
aL#A/:()39~ 0;
-'-', "- ---~
{~,.
"'I'
;~!,
t"~':;'. .
tJ
~,':,~i~i~l
:)~~\
'/;)';.
.f~~'_<
I
.,
3,
.~:
r!,
&
l
a:
E
::J
i
a:
01
e
Ii
::J'
..
O.
....
::J'
o
>-
.lIC'
e
Ill,
.c
I-
~~
1,\
:.i
I'll
~
~
i
I
/1
./ I ,-'
/ /
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
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
Ringling Must'um of Art
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
November 24, 1997
3: (") 0 CD
0 r- }.~ -J "
7 4 -
:z: CJ
;.:0 ("') rT1 ;1
0 c-:t 'J
rn ~"l ' r
1'1
0 C~J ," N ("")
0 '-1 I:, ~J
C :D ~IJ
:z:
~ ::3 rTl
.' C)
-< ~'".
..- 0
.." rr; C) ::0
r- c.,.:) 0
> N
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
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,
~~~
Liz Cloud, Chief
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.fl.us . E-Mail: eIection@mail.dos.statejl.lIs
'i.";~