Ordinance 023-2004 ORDINANCE NO. 023 -2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY KEY
LARGO OCEAN RESORT TO AMEND THE FUTURE LAND USE
MAP FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL
HIGH (RH) FOR PROPERTIES DESCRIBED AS PARCEL 1,
SOUTHCLIFF ESTATES, PB-2-45 KEY LARGO, PT. TR. 9-10-11
(14.65 ACRES); PT LINE ROAD (.75 ACRES); PT NE 1.4 of SE 1.4 (5.1
ACRES); PT GOV. LT 3 (.6 ACRES); AND ADJACENT BAYBOTTOM
(5.22 ACRES). PARCEL 2, LEGALLY DESCRIBED AS SOUTHCLIFF
ESTATES PB2-45 (1.95 ACRES) KEY LARGO, MONROE CONTY,
FLORIDA. THE PROPERTY IS LOCATED AT APPROXIMATELY
MILE MARKER 95 AND HAS THE REAL ESTATE NUMBERS
00483400.000000 AND 00483390.000000.
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on November 19, 2003, conducted a review and consideration of the request filed
by the applicant to amend the Future Land Use Map from Mixed Use Commercial (MC) to
Residential High(RH) and;
WHEREAS, the Development Review Committee and staff report recommended
Approval of this future land use map amendment as indicated in Resolution D25-03; and
WHEREAS, the Planning Commission held a public hearing on September 24, 2003 and
recommended Approval of the request as indicated in Resolution P67-03; and
WHEREAS, the Board of County Commissioners made the following Findings of Fact:
1. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use category of Mixed Use Commercial and Residential
Medium for the two parcels.
2. The Key Largo Ocean Resort had 285 lawfully established lots available for RV use
prior to 1986, which the Growth Management Division opines vests development
rights at one residential unit per lot.
3. Without County development approval, the Key Largo Ocean Resort development
has incrementally transitioned from a pure RV and trailer park for transient residential
uses to a gated park of non-road-ready mobile homes and park model trailers with
additions and decks that are not authorized under current RV zoning.
4. Section 9.5-511 (d) (5) b of the Monroe County Land Development Regulations
requires that the Board of County Commissioners may consider a land use change
based on one or more listed factors.
5. In accordance with Section 9.5-511 (d)(5) b (i and ii), the applicant has established
that there have been changed assumptions or projections since the 2010
Comprehensive Plan was enacted. The draft LCP Community Master Plan for this
planning area, which was not an element of the 2010 Comprehensive Plan when it
was adopted in 1993, identifies the need for the sustainability of existing housing
units affordable to area residents. The FLUM and Land Use Map change would
provide for a continued and essential reservoir of affordable housing for the Tavernier
Creek Bridge to Mile Marker 97 planning area residents.
6. In accordance with Section 9.5-511 (d)(5) b (iv), the applicant has established that
new issues have emerged. The Board of County Commissioners entered into a
Settlement Agreement on June 18, 2003, with Key Largo Ocean Resort to resolve
outstanding code enforcement actions, which requires Key Largo Ocean Resort to
submit an application for a land use change to Residential High/URM for the
property and the County to fully consider this land use change.
7. The applicant initiated the land use change application to reclassify the subject
property to a land use district and future land use category that would recognize the
existing character of the development as a mobile home community, allow for the
density of the existing lawfully established units and authorize permits to be issued
necessary to bring the property into compliance with the County Code.
8. Policy 101.4.4 of the Monroe County Year 2010 Comprehensive Plan states that the
purpose of the Residential High Future Land Use category is to provide for high-
density single-family, multi-family, and institutional residential development,
including mobile homes and manufactured housing, located near employment centers.
9. Section 9.5-511 prohibits any map amendments that would negatively impact
community character.
10. While the county may recognize one dwelling unit per lot with Key Largo Ocean
Resort, it is uncertain whether all of the recreational vehicles can be replaced due to
such factors as fire and safety codes, stormwater management, OSR, off-street
parking and other development standards.
11. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
12. The 2002 Public Facilities Capacity Assessment Report indicates that there are no
significant concerns regarding impacts on stormwater, however, the Proposed
Development Agreement will need to identify the stormwater runoff onsite. In
addition, the proposed development agreement must address the wastewater treatment
plant on site which has reached its capacity of 180 units and is not adequately serving
the existing 285 units.
13. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall
direct future growth to lands which are intrinsically most suitable for development
and shall encourage conservation and protection of environmentally sensitive lands.
14. With the proposed tier system, both parcels would be classified as Tier III/ Infill
Areas.
15. The proposed map amendment supports Goal 102. However, a conservation easement
on Parcel 2, dedicating this parcel as open space shall be supported in the proposed
Development Agreement; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. This map amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) of
the Monroe County Land Development Regulations.
2. The proposed map amendment supports Objective 101.11 of the Monroe County
Year 2010 Comprehensive Plan based on the findings of the 2002 Public Facilities
Capacity Assessment Report and the listed programs on stormwater and wastewater.
The Proposed Development agreement will need to identify a plan to satisfy
Objective 901.1, providing for adequate sanitary wastewater treatment and disposal
facilities at the time a development permit is issued.
3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe
County Year 2010 Comprehensive Plan.
4. The proposed map amendment is sufficiently consistent with Policy 101.4.4 of the
Monroe County Year 2010 Comprehensive Plan as it is consistent with the purpose of
the RH Future Land Use category.
5. The proposed map amendment is sufficiently consistent with Policy 105.2.1 (3), as it
will not have a negative impact on environmentally sensitive land and will facilitate
redevelopment in a proposed Tier III infill area.
6. The proposed map amendment will not have a negative impact on community
character.
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.
Section 2. The previously described property, which is currently designated Mixed use/
Commercial (MC) shall be designated Residential High (RH) as shown on the attached map,
which is hereby incorporated by reference and attached as Attachment One (1).
Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5. This ordinance is hereby transmitted to the state land planning agency for compliance
review pursuant to Chapter 163, Florida Statutes.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission finding the amendment in compliance with Chapter 163,
Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 18th day of August , A.D., 2004
Mayor Murray Nelson yes
Mayor Pro Tern David Rice yes
Commissioner Charles "Sonny"McCoy yes
Commissioner George Neugent yes
Commissioner Dixie Spehar yes
BOARD OF COUNTY COMMISSIONERS -.
; `?� OF MONROE COUNTY, FLORIDA ,�
a�.\ O C r
77
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AMMO ,:Mr FplUll -rj N
ATTEST: DANNY KOHLAGE,"CLERK Da+t,�. _7''�` 'n a. :t
DEPUTY CLERK
A'ITACHMENT NO. 1
RL
[Jill] Me to RH
The Monroe County Year 2010 Comprehensive Plan
Future Land Use Map is proposed to be amended as
indicated above and briefly described a;;: ,
Chanqe Future Land Use District from MC to RH for
RE: 483400 and 483390
250
I I
Map Amendment # M23061 Feet
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
September 10, 2004
Honorable Danny_L. Kolhage _ __
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated September 2, 2004 and certified copies of Monroe County Ordinance
Nos. 023-2004 through 030-2004, which were filed in this office on September 9, 2004.
Sincerely,
Liz Cloud
Program Administrator
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❑STATE LIBRARY OF FLORIDA
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANfATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET, SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 KEY WEST, FLORIDA 33040 PLANfATION KEY, FLORIDA 33070
TEL. (305) 289-6027 TEL. (305) 292-3550 TEL. (305) 852-7145
FAX (305) 289-1745 Se!f1Xn\1Y~~-~4 FAX (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee, FL 32399-0250
Via Certified Mail 7002 2030 0001 26689402
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 023-2004 approving the request by Key Largo Ocean Resort to amend
the Future Land Use Map from Mixed Use Commercial (MC) to Residential High (RH) for
properties described as Parcell, SouthcliffEstates, PB-2-45 Key Largo, Pt. Tr. 9-10-11 (14.65
acres); Pt. Line Road (.75 acres); Pt. NE 1.4 of SE 1.4 (5.1 acres); Pt. Gov. Lt. 3 (.6 acres); and
adjacent baybottom (5.22 acres); Parcel 2, legally described as SouthcliffEstates PB2-45 (1.95
acres) Key Largo, Monroe County, Florida. The property is located at approximately mile
marker 95 and has real estate numbers 00483400.000000 and 00483390.000000.
Ordinance No. 024-2004 approving the request by Key Largo Ocean Resort to amend
the Land Use (zoning) District Map from Recreational Vehicle (RV) and Improved Subdivision
(IS) to Urban Residential Mobile Home (URM) for properties described as SouthcliffEstates,
PB-2-45 Key Largo, Pt. Tr. 9-10-11 (14.65 acres); Pt. Line Road (.75 acres); Pt. NE 1.4 ofSE
1.4 (5.1 acres); Pt. Gov. Lt 3 (.6 acres); and adjacent baybottom (5.22 acres); Parcel 2, legally
described as SouthcliffEstates PB2-45 (1.95 acres) Key Largo, Monroe County, Florida. The
property is located at approximately mile marker 95 and has the real estate numbers
00483400.000000 and 00483390.000000.
Ordinance No. 025-2004 amending Section 9.5-317(b)(1)d.(i) (Standards for the
issuance of Building Permits in areas of special flood hazard), Monroe County Code; Providing
for additional detail and comprehensiveness with regard to residential structures that abut Airport
Districts (AD); Providing for severability; Providing for repeal of inconsistent provisions;
Providing for incorporation into the Monroe County Code of Ordinances when effective; and
Providing for an effective date.
. Secretary of State
September 2, 2004
Page 2
Ordinance No. 026-2004 approving a request of the Monroe County Planning
Department to amend Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan
giving the Land Authority greater latitude in spending funds to acquire lands from willing sellers;
Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the
Monroe County Code of Ordinances; and providing for an effective date.
Ordinance No. 027-2004 approving the request by Sam Stoia to amend the Future Land
Use Map from Residential Low (RL) to Mixed Use/Commercial (MC) for the upland portion of
property described by the real estate numbers 00090650.000000,00090940.000000,
00090640.000000 and 00090950.000000 in Key Largo, Monroe County, Florida at
approximately mile marker 97.9.
Ordinance No. 028-2004 approving the request by Sam Stoia to amend the Land Use
District (Zoning) Map from Suburban Residential (SR) to Suburban Commercial (SC) for the
upland portion of property described by the real estate numbers 00090650.000000,
00090940.000000,00090640.000000 and 00090950.000000 in Key Largo, Monroe County,
Florida at approximately mile marker 97.9.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on August 18,2004. Please file for record. Should you
have any questions, feel free to contact my office at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
BY:~oL.dC. ~ruJ;A)
Isabel C. DeSantis, Deputy Clerk
cc: County Administrator
Growth Management Director
County Attorney
BOCC
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