Ordinance 009-2000
ORDINANCE #. 009 -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 AGRICULTURE (A) /
MIXED USE-COMMERCIAL (MC) / RESIDENTIAL LOW (RL) / RESIDENTIAL
CONSERV A TION (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 APPROXIMA TEL Y 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
APPROXIMATEL Y MILE MARKER 27.5, AND HAVING THE REAL ESTATE
NUMBER 00114120-000000.
WHEREAS, the Board of County Commissioners, on April IS, 1993, adopted the Monroe
County Year 2010 Comprehensive Plan, and therefore, designated the above-described properties to
their current designations 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
Monroe County Year 2010 Comprehensive Plan filed by the Planning Department to change the
future land use designation as indicated in the chart on the next page; and
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FLUM Ordinance #M99134
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Initials
Current Future Land Proposed Future Land
Owner RE Number Use Designation Use Designation
Agriculture / Mixed Use- Mixed Use-Commercial
Rudy Krause 00114150-000000 Commercial/Residential / Residential Low /
Low / Residential
Conservation Residential Conservation
Residential Low / Mixed Use-Commercial
Rudy Krause 00114150-000300 Residential Conservation / Residential Low /
Residential Conservation
Irene Kapiris 00114120-000000 Residential Conservation Agriculture
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 three subject properties on Ramrod Key contemplated by this Future Land Use
Map amendment: parcel 00114150-000 and 00114150-000300 owned by Rudy Krause
and 00114120 owned by Irene Kapiris.
2. The larger Krause property (00114150-000000) had a house and two types of habitat
conditions in 1985: freshwater wetlands (641) on the eastern half of the property and
FLUM Ordinance #M99134
page 2 of 5
Initials
disturbed habitat (741) on the western half. The Native Area (NA) zoning designation
for the eastern portion of the property stems from this 641 designation. The Sparsely
Settled Residential (SS) designation on the western portion resulted from the previous
740 designation and the presence of the residence. There was discussion as part of the
1986 Comprehensive Planning Process about a proper zoning designation for the
northeast comer of this property. The presence of the auto body shop and/or the earlier
BU-2 designation from the pre-1986 maps resulted in a request for Sub Urban
Commercial (SC) zoning in this comer of the property. On January 30, 1986, the Board
of County Commissioners voted on this issue and the vote to change this comer portion
to Sub Urban Commercial was passed. The remaining portion of the property which was
zoned BU-2 prior to 1986 was zoned Native Area (NA).
3. The lower Krause property fronting US Highway I was designated as disturbed (740) on
the 1985 Existing Conditions Map. This property's proximity to US Highway I and its
earlier designation as BU-2 gave rise to its partial designation during the 1986 process as
Sub Urban Commercial (SC).
4. The eastern portion of the Kapiris property also contained freshwater wetlands (641) and
a single family residence on the western portion of the property. This gave rise to the
property's bifurcated zoning designations of Native Area (NA) on the eastern portion,
and Sparsely Settled Residential (SS) on the western portion.
5. During preparation of the Future Land Use Map associated with the Year 2010
Comprehensive Plan process, a series of scrivener's errors incorrectly designated
portions of the future land use of these properties as Residential Low (RL), Residential
Conservation (RC), Agriculture (A), and Mixed Use/Commercial (MC).
6. The Planning Department sponsored this Future Land Use Map amendment to correct
the future land use designation for 00114150-000000 so as to reduce the Mixed
Use/Commercial (MC) designation from the entire eastern portion of the property to
only the northeast comer where the land is zoned Sub Urban Commercial (SC). The
remaining part of the eastern portion should be re-designated to Residential Conservation
(RC) so as to be consistent with its Native Area (NA) designation.
7. The Planning Department sponsored this Future Land Use Map amendment to correct
the future land use designation for 00114150-000300 from Residential Low (RL) /
Residential Conservation (RC) to Mixed Use/Commercial (MC) / Residential Low (RL)
/ Residential Conservation (RC) so as to be consistent with its Sub Urban Commercial
(SC) / Native Area (NA) / Sparsely Settled Residential (SS) zoning designations.
8. The Planning Department sponsored this Future Land Use Map amendment to correct
the future land use designation for 00114120-000000 so as to correctly designate this
property as Agriculture (A) on the Future Land Use Maps so as to be consistent with the
current use of the property.
9. The proposed Future Land Use Map amendment will have no effects on development
FLUM Ordinance #M99134
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Initials
potential, compatibility with surrounding areas, natural resources, public facilities, or
redevelopment or infill potential.
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
1. The proposal is necessary to correct a situation which occurred based upon a scrivener's
error in the preparation ofthe Future Land Use Map.
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section I. This Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described properties shall be designated as depicted in the chart
on Page 2, and as shown on the attached map, which is hereby incorporated by reference and
attached as Exhibit I.
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.
FLUM Ordinance #M99134
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Initials
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
.. (Se~l)
FLUM Ordinance #M99134
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Initials
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EXHIBIT 1
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Ramrod Key
N f'lL- f 011nd
710 Z
Southwest
Poi n t
Beach
uture Lan Use Map
Pro osed FLUM Amendment
Nel1!f01.ind !
Key:Ramrod
MM:27.5
Proposal:from RL to MC, from RC to MC, from MC to A
Property Description: Part Lot 1 -RE 114150, Part Lot 1 -RE
114150-0003, Part Lot 4-RE 114120, all in Sec. 31, Twn.66
Applicant Name: Planning Dept. / Krause Rge 29
Map # : 6 File Number :M99134
Dann!, 1. l{olbagt
BRANCH OFFICE
3117 OVERSEAS ffiGHWAY
MARATIfON, 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 ffiGHWAY
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
40 I 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, 00319492-001100, 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,
00319492-004400,
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 (Re) 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 Countv 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 County 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 cPR) 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 cPR) 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. Hanco~
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County Administrator w/o document
County Attorney
Growth Management
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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 COWlty Preservation Board
Historic Pensacola Preservation Board
Historic Sl. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough COWlty
Preservation Board
RING LING 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,
~~9.
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Momoe 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