Ordinance 048-1997
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BOCC ORDINANCE NO.
048-1997
AN ORDINANCE BY THE LONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPRO~.ING THE REQUEST FILED BY
THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND
THE MONROE COUNTY 2010 COMPREHENSIVE PLAN TO
CHANGE THE FUTURE LAND USE CATEGORY FROM RESIDEN-
TIAL MEDIUM (RM) TO RESIDENTIAL HIGH (RH) FOR
PROPERTY DESCRIBED AS LOTS 1-13, KEY COLONY SUBDI-
VISION #1; ALL OF LOTS 3-7, 9-12, 19, 23-42, KEY
COLONY SUBDIVISION #2; ALL OF LOTS 7-9, BLOCK 2;
ALL OF LOTS 2-6 AND 9-11, BLOCK 3; LOT 3, BLOCK
4; ALL OF LOTS 1-6, BLOCK 5, 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 00333790, 00334070 THROUGH 00334110,
00334130 THROUGH 00334160, 00334230,
00334230-000100, 00334240, 00334270 THROUGH
00334340, 00334360 THROUGH 00334460, 00335070
THROUGH 00335100, 00335130, 00335140,
00335140-000100, 00335150, 00335160, 00335170,
00335200, 00225210, 00335220, 00335260, AND
00335300 THROUGH 00335350.
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 Residen-
tial Medium (RM) on the Future Land Use Maps (FLUM); and
WHEREAS, the Monroe County Board of County Commissioners,
during a regular meeting held on March 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
Comprehensi ve Plan filed by the Planning Department to change
the future land use designation of the subj ect properties from
Residential Medium (RM) to Residential High (RH); and
WHEREAS, the Planning and
have reviewed the proposed
recommend approval; and
Environmental Resources Departments
future land use map amendment 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 future land use map amend-
ment 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 future land use map changes and the recommen-
dations of the Planning and Environmental Resources Departments
Page 1 of 4
MARATHON. 41/TXTAMAP, 102797
Initials
and the Development Review Committee and recommends approval;
and
WHEREAR, the Florida DepartmE,~lt
viewed the proposed amendment and
dations and Comments (ORC) Report;
of Community Affairs has re-
issued an Objections, Recommen-
and
WHEREAS, additional data and analysis have been incorporated
into the staff report in support of the amendment and in response
to the ORC; and
WHEREAS, the Monroe County Board of
an "adoption hearing" on November 12,
and public participation in the hearing
of the above recommendations; and
County Commissioners held
1997 and after due notice
process, has reviewed all
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-fam-
ily 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 Residen-
tial High future land use category.
6. According to the 1996 Public Facilities Assessment, no pub-
lic facilities expansion will be necessary in order to
accommodate the potential development impacts which may
occur in this neighborhood.
7. Based on Section 9.5-293, Land Development Regulations and
policies 901.1.1 and 101.2.13 of the comprehensive plan, regula-
tions on the treatment of wastewater and stormwater exist to
protect water quality.
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)
Page 2 of 4
MARATHON. 41/TXTAMAP, 102797
Initials
2. Changing the FLUM designation to Residential High (RH)
furthers the overall objectives of the 2010 Comprehensive
Plan and makes the developments on the subj ect properties
conforming. Also, a change in designation will allow the
property owners to perform substantial beneficial improve-
ments to their properties. (Findings of Fact 4 and 5)
3 .
The subject properties are served by adequate
and a change in designation from RM to
adversely affect public facilities level of
(Findings of Fact 6 and 7)
infrastructure
RH would not
service (LOS).
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 Residential Medium (RM), as shown on the
attached map, shall now be designated Residential High (RH).
Section 3. The Future Land Use Map of the Monroe County Year
2010 Comprehensive Plan shall be amended, changing the future
land use designation 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. This ordinance is hereby transmitted to the state
land planning agency for approval or disapproval, pursuant Sec-
tion 380.0552(9), Florida Statutes.
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.
Page 3 of 4
MARATHON. 41/TXTAMAP, 102797
Initials
PASSED
Monroe
day of
AND ADOPTED by
County, Florida,
November, 1997.
the Board of County Commissioners of
at a regular meeting held on the 12th
Commission8a?Or Douglass
Mayor P~6-~em London
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
COUNTY COMMISSIONERS
COUNTY, FLORIDA
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ATTES~6~ANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
Page 4 of 4
MARATHON. 41/TXTAMAP, 102797
BY
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N Monroe County Year 2010 Comprehensive Plan
A Future Land Use Map
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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 OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 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 fonnal 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
JhJJC,l1J4~
Deputy Clerk
cc: County Administrator
County Attorney
Growth Mgmnt. Dir.
File
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l!! card to you.
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! permit.
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delivered.
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
. Office of International Relations
Division of Administrative Services
Division of C{)rporations
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 llo.ud
Historic Palm Beach County I'H'sl'rvation llo,ud
Historic Pensacola I'reserv,ltion Ilo.ud
Historic SI. Augustine PH'Sl'rvation llo.ud
Historic Tallahassee I'reSl'rvation Iloard
Historic Tampa/Hillsborough County
I'reservatilln Board
Ringling Museum of Art
November 24, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
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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. 97-39,97-40,97-41,97-42,97-43,97-44,97-45,97_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: l'lecfion@mail,df1sstatejl.lls
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