Ordinance 046-1997
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HOCC ORDINANCE NO. OLLh-' 997
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COMMISSIONERS APPROVING THE REQUEST FILED
BY JEAN LOPRESTI AND ANGELA REYNOLDS TO
AMEND THE FUTURE LAND USE MAP FROM
<RESIDENTIAL LOW (RL) TO RESIDENTIAL MEDIUM
...J .
w ~(RM) FOR PROPERTY LOCATED AT MILE MARKER
c: >=99 . 5 AND FURTHER DESCRIBED AS BLOCK 5, LOTS
".. t;1 AND 2, BLOCK 14, LOTS 1 AND 2, KEY LARGO
"" ,_: ~OCEAN SHORES ADDITION, SECTION 32, TOWNSHIP
. (..) 2.;61 SOUTH, RANGE 39 EAST, WITH REAL ESTATE
t:::: l.l.JIDENTIFICATION NUMBERS 00498820, 00498830,
"" Z.; ~00500670 and 00500680.
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WHEREAS, the Board of County Commissioners, on April 15,
adopted the Monroe Count v Year 2010 Comprehensive Plan,
therefore, designated the above-described properties
Residential Low (RL) on the Future Land Use Map (FLUM); and
1993,
and
as
WHEREAS, the Monroe County Board of Commissioners, during a
regular meeting held on February 19, 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 Jean Lopresti and Angela Reynolds
to change the future land use designation from Residential Low
(RL) to Residential Medium (RM) for the above described
properties; and
WHEREAS, the Planning and
have reviewed the proposed
recommend approval; and
Environmental
future land
Resources Departments
use map amendment 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
amendment 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 amendment 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 Commissioners held an
"adoption hearing" on November 12, 1997, and after due notice and
public participation in the hearing process, has reviewed all of
the above recommendations; and
LOPRESTI.19/TXTAMAP
1
Initials
WHEREAS, the Monroe County Board of Commissioners adopts the
following FINDINGS OF FACT:
1. According to Policy 101.4.2 of the 2010 Comprehensive Plan,
the Residential Low future land use category should be applied to
properties with natural vegetation, within partially developed
areas and other low density residential areas.
2. The subject parcels have been considered disturbed since
1985.
3. The surrounding neighborhood and remaining portions of Key
Largo Ocean Shores Addition contain medium- to high-density
residential uses as well as commercial uses.
4. As evidenced by recent aerials of the area, Key Largo Ocean
Shores Addition is almost completely built out.
5. The 2010 Comprehensive Plan states that the Residential
Medium category includes existing, improved subdivisions
characterized by disturbed or scarified land.
6. Under the current and proposed land use designations,
development potential is limited to a single-family home and
accessory uses.
7. No public facilities expansion is necessary to support the
permitted uses in either category.
WHEREAS, the Monroe County Board of Commissioners adopts the
following CONCLUSIONS OF LAW:
1. The subject parcels do not meet the purpose of the
Residential Low future land use category, but do meet the purpose
of the Residential Medium category , which is more compatible
with the community character. (Findings of Fact 1-5).
2. Similar impacts on natural resources and public facilities
are expected under a Residential Medium designation as are
expected under a Residential Low designation. (Findings of Fact
6 -7) .
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, THAT:
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 Residential Low (RL) , as shown on the attached map
which is hereby incorporated for reference as exhibit 1, and
shall now be designated as Residential Medium (RM)
Section 3. The Future Land Use Map of the Monroe Count v Year
2010 Comprehensive Plan shall be amended, changing the future
land use designation for the properties.
LOPRESTI.19/TXTAMAP
2
Initials
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
invalidity.
Section 5. This ordinance is hereby transmitted to the state
land planning agency for approval or disapproval pursuant to F.S.
380.0552(9)
Section 6. 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 01
Mon~ge CQunty, Florida, at a regular meeting held on the 2th day
of November , A.D., 1997. -
Cormnissioner
-Ma-y<:7F Douglass
Mayor -P-l."(7 -'}!e..nr London
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
yes
yes
yes
yes
yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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MAYOR/CHAIRMAN
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(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
BY
LOPRESTI.19/TXTAMAP
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N Monroe County Year 2010 Comprehensive Plan
A Future Land Use Map
p Adopted January 1996
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, 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 OFHCE
88820 OVERSEAS HIGIIWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 1152-7146
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. KoIhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
~~(). f1y1~
Deputy Clerk
cc: County Administrator
County Attorney
Growth Mgmnt. Dir.
./File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
bffice 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 FWRIOA OEPARfMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
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Preservation Board
Ringling Museum of Art
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
November 24, 1997
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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, 9.7-44, 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 hHptllwww.d05.sta~.fl.us . E.Mai1; election@maiJ.dos.stateil.us
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