Ordinance 008-2000
ORDINANCE #. 008 -2000
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST BY THE PLANNING
DEPARTMENT TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM MIXED
USE/COMMERCIAL FISHING (MCF) TO RESIDENTIAL MEDIUM (RM) ~QbO~ :J
CONSERVATION (C) FOR PROPERTIES DESCRIBED AS LOTS 1-8, 11-~d~2~ ::;:;
25-27,32,36-38,41-47, AMENDED PLAT OF BAHIA SHORES SUBDIVI~N{):D 0
NAME KEY, SECTION 18, TOWNSHIP 66 SOUTH, RANGE 30 EAST, ~oIt: d
COUNTY, FLORIDA; AND LOTS 2-7, 11-17,20-33,40-44 AMENDED Pl;OJi,. ~
DOLPHIN HARBOR SUBDIVISION, NO NAME KEY, SECTION 18, TC~~UE ~
66 SOUTH, RANGE 30 EAST, MONROE COUNTY, FLORIDA; AND UNP,DA:tTEIJ:" g
PROPERTIES ON NO NAME KEY, SECTION 18, TOWNSHIP 66 SOUTH!~G~' ~
30 EAST, MONROE COUNTY, FLORIDA HAVING THE FOLLOWING REAL
ESTATE NUMBERS: 00108040-000100, 00108040-00010 I, 00 I 08040-000102,
00108040-000103,00108040-000104,00108040-000105,00108040-000106,00108040-
000300, 00108040-000301, 00108040-000302, 00108040-000303, 00 I 08040-000304,
00108040-000400,00108040-000401,00108040-000500,00108040-000600,00108040-
000700, 00319491-000 I 00, 00319491-000200, 00319491-000400, 00319491-000500,
00319491-000600,00319491-000700,00319491-000800,00319491-001100,00319491-
001200, 00319491-001300, 00319491-001900, 00319491-002000, 00319491-002500,
00319491-002600,00319491-002700,00319491-003200,00319491-003600,00319491-
003700, 00319491-003800, 00319491-004100, 00319491-004200, 00319491-004300,
00319491-004400,00319491-004500,00319491-004600,00319491-004700,00319491-
004800, 00319491-004900, 00319491-004901, 00319492-000200, 00319492-000300,
00319492-000400,00319492-000500,00319492-000600,00319492-000700,00319492-
001100, 00319492-001300, 00319492-001400, 00319492-001500, 00319492-001600,
00319492-001700,00319492-002000,00319492-002100,00319492-002200,00319492-
002300, 00319492-002500, 00319492-002700, 00319492-002800, 00319492-002900,
00319492-003000,00319492-003100,00319492-003200,00319492-003300,00319492-
004000, 00319492-004100, 00319492-004200, 00319492-004300, 00319492-004400,
00319492-004500,00319492-004600.
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 Fishing (MCF) on the Future Land Use Map (FLUM); and
WHEREAS, the Board of County Commissioners, during a regular meeting held on
September 8, 1999, conducted a review of a request for a Future Land Use Map amendment to the
Momoe County Year 2010 Comprehensive Plan filed by the Planning Department to change the
future land use designation from Mixed Use/Commercial Fishing (MCF) to Residential Medium
(RM) and/or Conservation (C) for the above-described properties; and
FLUM Ordinance #M99129
page 1 of 4
Initials
WHEREAS, the Planning and Environmental Resources Departments as well as the
Development Review Committee and Planning Commission have recommended approval of the
request; and
WHEREAS, the DCA reviewed the proposed amendment and does not mention the
amendment in its Objections, Recommendations and Comments Report (ORC); and
WHEREAS, the lack of comments or objections in the DCA's ORC report constitutes
conceptual approval of the amendment; and
WHEREAS, the Planning Department continues to recommend approval of the amendment;
and
WHEREAS, the Board of County Commissioners considers the data and analysis provided
to the agency to be sufficient to warrant the proposed amendment and therefore, makes no
substantive revisions to the staff report or ordinance; and
WHEREAS, on February 17, 2000, the Board of County Commissioners, after due notice
and public participation in the public hearing process, conducted a public "adoption hearing" to
consider adopting the proposed amendment; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. There are one hundred-nine (109) properties in the area considered by this proposed map
amendment. Thirty-two of the properties are correctly designated as Conservation (C) on the
Future Land Use Map because they are owned by the United States Fish and Wildlife
Service.
2. This proposed Future Land Use Map amendment deals with seventy-seven (77) of the
remaining properties in the area.
3. Twenty-four (24) of these properties are developed with single family residences, and the
remaining fifty-three (53) properties are vacant.
4. Seven (7) of the vacant properties (real estate numbers: 00108040-000101, 00319491-
003200, 00319491-003700, 00319491-004400, 00319491-004500, 00319492-001500, and
00319492-002900) have been purchased by the US Fish and Wildlife Service for the
purposes of conservation since the Future Land Use Map was adopted by the DCA in
January of 1996.
5. All 77 subject properties are zoned Improved Subdivision (IS), and are found In a
residential/conservation area on No Name Key.
6. During preparation of the Future Land Use Map associated with the Year 2010
Comprehensive Plan process, a scrivener's error incorrectly designated the future land use of
these properties as Mixed Use/Commercial Fishing (MCF).
FLUM Ordinance #M99129
page 2 of 4
Initials
7. The MCF designation is inconsistent with the properties' zoning designation of Improved
Subdivision (IS).
8. The MCF designation is inconsistent with seven (7) of the properties' ultimate use as
conservation lands by the US Fish and Wildlife Service.
9. The Planning Department sponsored this Future Land Use Map amendment to correct the
future land use designation for seventy (70) of these properties from Mixed Use/Commercial
Fishing (MCF) to Residential Medium (RM); and to correct the future land use designation
for the remaining seven (7) of these properties from Mixed Use/Commercial Fishing (MCF)
to Conservation (C).
10. The proposed Future Land Use Map amendment will have no effects on development
potential for the seventy (70) properties being re-designated to Residential Medium (RM).
The development potential for the remaining seven (7) properties will be substantially
reduced with the re-designation to Conservation (C). This reduction is appropriate given the
public ownership of the properties.
II. The proposed Future Land Use Map amendment will have no effects on compatibility with
surrounding areas, natural resources, public facilities, redevelopment or infill potential,
except to prevent any subsequent development on the seven properties under public
ownership.
12. The proposed Future Land Use Map amendment is proposed to make the Future Land Use
Map consistent with the Land Use District Map (zoning map) and proposed uses for the
affected properties.
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
1. The proposed Future Land Use Map designation amendment is proposed to make the
Future Land Use Map reflect the use intended by the current zoning designation or Fish
and Wildlife Service ownership.
2. The proposal is, in part, to correct a situation which occurred based upon a scrivener's
error in the preparation of the Future Land Use Map. The proposal also seeks to match
the future land use designation for some of the properties with their ultimate use as
conservation lands.
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.
FLUM Ordinance #M99129
page 3 of 4
Initials
Section 2. The previously described property, which is currently Mixed Use/Commercial
Fishing (MCF), shall be designated as Residential Medium (RM) or Conservation (C) as
shown on the attached map, which is hereby incorporated by reference and attached as
Exhibit 1.
Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive
Plan shall be amended as delineated in Section 2 above.
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. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6. This ordinance is hereby transmitted to the state land planning agency for
approval or disapproval pursuant to Section 380.0552, Florida Statutes.
Section 7. 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 Chapters 163 and 380 of the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17th of February ,2000.
Mayor Freeman
Mayor Pro Tern Neugent
Commissioner Harvey
Commissioner Williams
Commissioner Reich
Yes
Not Present
Not Present
Yes
Yes
\:,.~
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Bd~~~D~a_
Mayor reeman
FLUM Ordinance #M99129
page 4 of 4
BY
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MM:33
Proposal: From MCF to RM & C
Property Description: lots 1-8,11-13,19-20,25-27,32,36-38,41-
47,tract A&B, Bahia Shores & lots 2-7,11-17,20-33,40-44,
Applicant Name:Planning Dept. tract A&B, Dolphin Harbor &
Map # : 6 17 lots (see file for RE File Number M99129
1Bannp 1L. ~olbagt
BRANCH OFFICE
3117 OVERSEAS ffiGHWA Y
MARAlHON, 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 ffiGHWA Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 25, 2000
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 008-2000 approving the request by the Planning Department to change
the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from mixed
use/commercial fishing (MCF) to residential medium (RM) and/or conservation (C) for properties
described as Lots 1-8, 11-13, 19-20, 25-27, 32, 36-38, 41-47, amended plat of Bahia Shores
Subdivision, No Name Key, Section 18, Township 66 South, Range 30 East, Monroe County
Florida; and Lots 2-7, 11-17,20-33,40-44 amended plat of Dolphin Harbor Subdivision, No
Name Key, Section 18, Township 66 South, Range 30 East, Monroe County, Florida; and
unplatted properties on No Name Key, Section 18, Township 66 South, Range 30 East, Monroe
County, Florida having the following real estate numbers: 00108040-000100, 00108040-000101,
00108040-000102, 00108040-000103, 00108040-000104, 00108040-000105,
00108040-000106, 00108040-000300, 00108040-000301, 00108040-000302,
00108040-000303, 00108040-000304, 00108040-000400, 00108040-000401,
00108040-000500, 00108040-000600, 00108040-000700, 00319491-000100,
00319491-000200, 00319491-000400, 00319491-000500, 00319491-000600,
00319491-000700, 00319491-000800, 00319491-001100, 00319491-001200,
00319491-001300, 00319491-001900, 00319491-002000, 00319491-002500,
00319491-002600, 00319491-002700, 00319491-003200, 00319491-003600,
00319491-003700, 00319491-003800, 00319491-004100, 00319491-004200,
00319491-004300, 00319491-004400, 00319491-004500, 00319491-004600,
00319491-004700, 00319491-004800, 00319491-004900, 00319491-004901,
00319492-000200, 00319492-000300, 00319492-000400, 00319492-000500,
00319492-000600, 00319492-000700, 00319492-00 II 00, 00319492-001300,
00319492-001400, 00319492-001500, 00319492-001600, 00319492-001700,
00319492-002000, 00319492-002100, 00319492-002200, 00319492-002300,
00319492-002500, 00319492-002700, 00319492-002800, 00319492-002900,
00319492-003000, 00319492-003100, 00319492-003200, 00319492-003300,
00319492-004000,
00319492-004400,
00319492-004100,
00319492-004500,
00319492-004200,
00319492-004600.
00319492-004300,
Ordinance No. 009-2000 approving the request by the Planning Department to change the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan: from agriculture
(A)/mixed use-commercial (MC)/residential low (RL)/ residential conservation (RC) to mixed
use-commercial (MC)/residential low (RL)/residential conservation (RC) for property described
as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe
County, Florida, at approximately mile marker 27.5, and having the real estate number
00114150-000000; and from residential low (RL )/residential conservation (RC) to mixed
use-commercial (MC)/ residential low (RL)/residential conservation (RC) for property described
as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe
County, Florida, at approximately mile marker 27.5, and having the real estate number
00114150-000300; and from residential conservation (RC) to agriculture (A) for property
described as a portion of Lot 4, Ramrod Key, Section 31, Township 66 South, Range 29 East,
Monroe County, Florida, at approximately mile marker 27.5, and having the real estate number
00114120-000000.
Ordinance No. 010-2000 approving the request by the Planning Department to change the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from residential
medium (RM) to mixed use-commercial (MC) for property described as Lots 521, 522, and
523-534, Port Largo fifth addition, Key Largo Section 33, Township 61 South, Range 39 East;
with the following RE numbers: 00453475-013700, 00453475-0013800, and 00453475-014100.
Ordinance No. 011-2000 approving the request by the Planning Department to change the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from residential
high (RH) to residential medium (RM) for property described as all of Lots 1-9 of Block 2, all of
Lots 2-7 of Block 1, and an unnumbered Lot in Block 1, Paradise Point Subdivision, Key Largo
Section 1, Township 61 South, Range 39 East, with the following real estate numbers:
00513270-000000, 00513280-000000, 00513290-000000, 00513300-000000,
00513310-000000, 00513320-000000, 00513330-000000, 00513340-000000,
00513440-000000, 00513450-000000, 00513460-000000, 00513470-000000,
00513480-000000, 00513490-000000.
Ordinance No. 012-2000 approving amendments to the Rate of Growth Ordinance (ROGO) of
The Monroe County Code. including Sections 9.5-4, 9.5-122 and 9.5-122.3 by providing
additional definitions, adding flexibility and adding positive point opportunities for modest
housing.
Ordinance No. 013-2000 approving amendments to residential ROGO's affordable housing
provisions of the Monroe Countv Year 2010 Comprehensive Plan. including portions of policies
101.2.4, 101.5.4 and 601.1.11 which add flexibility to the residential ROGO allocations and
provide positive point opportunities for modest housing. This Ordinance also adds policy
101. 5.10 which creates opportunities for new development by transferring existing transient and
residential units and spaces.
Ordinance No. 014-2000 recommending approval of the request filed by Monroe County to
change the Future Land Use Map from residential low (RL) to recreation (R) for properties
located at the Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the
Ordinance No. 015-2000 approving the request filed by Monroe County to change the Land Use
District Map from sparsely settled (SS) to park and refuge (PR) for properties located at the
Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the Dolphin Golf
Course.
Ordinance No. 016-2000 approving the request by Monroe County to change the Future Land
Use Map of the Monroe County Year 2010 Comprehensive Plan from various designations to
conservation (C) for Garden Cove Park, Bay Haven Park, and Cutthroat Harbor.
Ordinance No. 017-2000 approving the request by Monroe County to change the Future Land
Use Map of the Monroe County Year 2010 Comprehensive Plan from various designations to
recreation (R) for Friendship Park, Key Largo Community Park, Old Settler's Park, Watson Field,
Ramrod Key Swimming Hold, Bay Point Park, Wilhelmina Harvey Children's Park, and Bernstein
Park.
Ordinance No. 018-2000 approving the request by Monroe County to change the Land Use
District Map from various zoning designations to conservation district (CD) for Garden Cove
Park, Bay Haven Park, and Cutthroat Harbor.
Ordinance No. 019-2000 approving the request by Monroe County to change the Land Use
District Map from various zoning designations to park and refuge district (PR) for Friendship
Park, Key Largo Community Park, Harry Harris Park, Old Settler's Park, Blue Heron Park,
Watson Field, Ramrod Key Swimming Hole, Bay Point Park, Wilhelmina Harvey Children's Park,
and Bernstein Park.
Ordinance No. 020-2000 approving the request by property owner Ida Welborn to change the
Future Land Use Map designation of the 2010 Comprehensive Plan for Lots 10 and 11,
resubdivision of seaside, Section 14, Township 62 South, Range 38 East, at approximately mile
marker 94.5, Key Largo, real estate numbers 00491650 and 004911660, from residential medium
(RM) to mixed use/commercial (M/C).
Ordinance No. 021-2000 approving the request by property owner Ida Welborn to change the
official Land Use Map (zoning) designation for Lots 10 and 11, resubdivision of seaside, Section
14, Township 62 South, Range 38 East, at approximately mile marker 94.5, Key Largo, real
estate numbers 00491650 and 004911660, from improved subdivision (IS) to suburban
commercial (SC).
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on February 17, 2000. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancoc~
(f.~
Cc: Board of County Commissioners
County Administrator w/o document
County Attorney
Growth Management
File
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Complete items 3, 4a, and 4b.
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card to you.
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permit.
o Write 'Retum Receipt Requested' on the mailpiece below the article number.
c 0 The Return Receipt will show to whom the article was delivered and the date
o delivered.
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
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 TampalHillsborough County
Preservation Board
RINGLlNG MUSEUM OF ART
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
February 29, 2000
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your letter of February 25, 2000 and certified copies of Monroe County Ordinance
Nos. 08-2000 through 21-2000, which were filed in this office on February 28,2000.
Sincerely,
~~~
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 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.statejl..us