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Ordinance 010-2000 ORDINANCE#. 010 -2000 - ! AN ORDINANCE BY THE MONROE COUNTY BOARD OF,� rn lm COUNTY COMMISSIONERS APPROVING THE REQUEST B r= ,- N THE PLANNING DEPARTMENT TO CHANGE THE FUTURRc-,E cn oD LAND USE MAP OF THE MONROE COUNTY YEAR 201(�? G - 73 COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM '. TO MIXED USE-COMMERCIAL (MC) FOR PROPERTY', - DESCRIBED AS LOTS 521, 522, AND 523-534, PORT LARGO —i o FIFTH ADDITION, KEY LARGO SECTION 33, TOWNSHIP 61 SOUTH, RANGE 39 EAST; WITH THE FOLLOWING RE NUMBERS: 00453475-013700, 00453475-013800, AND 00453475- 014100. WHEREAS, the Board of County Commissioners, on April 15, 1993, adopted the Monroe County Year 2010 Comprehensive Plan, and therefore, designated the above- described property as Residential Medium (RM) on the Future Land Use Map (FLUM); and WHEREAS, the Board of County Commissioners, during a regular meeting held on August 11, 1999, conducted a review and consideration 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 from Residential Medium (RM)to Mixed Use/Commercial (MC) for the above-described properties; and 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 FLUM Ordinance#M99135 page 1 of 3 Initials 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 has made the following Findings of Fact: 1. The subject properties are zoned Urban Commercial (UC), and are found in a business/tourism area adjacent to a large canal in Key Largo. 2. 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 Residential Medium (RM). 3. The RM designation is inconsistent with the properties' zoning designation of Urban Commercial (UC). 4. The Planning Department is now sponsoring this Future Land Use Map amendment to correct the future land use designation for these three properties from RM (Residential Medium) to MC (Mixed Use/Commercial) so as to be consistent with its UC (Urban Commercial) zoning designation. 5. The proposed Future Land Use Map amendment will have no effects on development potential, compatibility with surrounding areas, natural resources,public facilities, or redevelopment or infill potential. 6. The proposed Future Land Use Map amendment is proposed to make the Future Land Use Map consistent with the current land use or zoning map. WHEREAS, the Board of County Commissioners has made the following Conclusions of Law: 1. The proposal is simply to correct a situation which occurred based upon a scrivener's error in the preparation of the Future Land Use Maps. 2. The proposed Future Land Use Map designation amendment is proposed to make the Future Land Use Map consistent with the current land use or zoning map. 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#M99135 page 2 of 3 Initials Section 2. The previously described property, which is currently Residential Medium (RM), shall be designated as Mixed Use/Commercial (MC) 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 Yes Mayor Pro Tem Neugent Not Present Commissioner Harvey Not Present Commissioner Williams Yes Commissioner Reich Yes BOARD OF COUNTY • COMMISSIONERS OF MONROE _„ .. CO , FL. ORIDA rt f , . :� May reeman '1 411, � � . *<ATTFST` DA Y L. KOLHAGE, CLERK APPRO p, - ►, ; • - - - AND LE yid -Aa t NCY BY EPUTY CLERK rttorney's Offic FLUM Ordinance#M99135 page 3 of 3 Initials ((. / , / , EXHIBIT 1 MC Point Pleasant ,Iicon Key '" , j /" r\j\(; (,0 ~ Q,\: ~~ N ~ 1 "=2000' I R i YO , -, 1\ , \ I RC ~ t1~ Key Largo Key: Key Largo MM: 99.7 Property Description: Lots 521-534, Port Largo Subdivision 5th Addition, Sec. 33, Twn. 61S, Rge. 39E. Applicant Name: Planning Dept./Marina Del Mar/Ocean Divers Map # : 2 File Number: M99135 -' GOUNTy C�a CUI......urf 8#t • r11�II' ;Danny IL. 1aotIjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WFIITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 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, 00319492-001100, 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. 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 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 (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. Hancock Cc: Board of County Commissioners County Administrator w/o document County Attorney Growth Management File '~ SENDER: 'C iii QI III , ... QI > f CD '5 Z 408 337 280 Bure s The Elliott Building POli\9tifeS\!tIl!IMIMOftme ree Postage Certified Fee Restricted DeUvery 10 m Return Receipt Showing ... Whom & Date De6vered .~ Return ~ Showi1g \0 Whom. c( Date. & AdIiessee's Address o ~ TOTAL Postage & Fees C") Postma!\< or Date J 1 g Ot-cl;",cu. __ IUDS. u. fIJ a. 'f. fh\~," c."- I also wish to receive the follow' ing services (for an extra fee): o Complete items 1 and/or 2 for additional services. Complete ~ems 3, 4a, and 4b. o Print your name and address on the reverse of this lorm so that we can return this card to you. o Attach this lorm to the lront of the mail piece, or on the back il space does not perm~. o Write 'Retum Receipt Requested' on the mailpiece below the artide number. o The Return Receipt will show to whom the artide was delivered and the date delivered. , 3. Article Addressed to: 'C o 'C QI '&i a. E 1. 0 Addressee's Address 2. 0 Restricted Delivery 4a. A2t Nu~r~r <6 ~ ~ 4b. Service Type J o Registered lJttertified o Express Mail 0 Insured o Return Receipt for Merchandise 0 COD 7. Date of Delivery F E B 2 9 2000 8. Addressee's Address (Only if requested and fee is paid) Receipt 008- O'l..l - LOCo ai () ~ QI (/J a Gi () QI a: C ... ::I '&i a: CI C "iij ::I ... .e ::I o >- ~ C III .c I- DIVISIONS OF FLORIDA DEPARTMENT OF STATE 'tU_ HISTORIC PRESERVATION BOARDS 04 "'u'. Office of offe Secretary kr'- :ps Historic Florida Keys Preservation Board Division Administrativeon Services r Historic Palm Beach County Preservation Board Division of Corporations Kry•, � �� �,►,a=g Division of Cultural Affairs Historic Pensacola Preservation Board + r:s_ !' Historic St.Augustine Preservation Board Division of Elections "'' t" '•' :' .;•-.:,:� Historic Tallahassee Preservation Board Division of Historical Resources a Historic Tampa/Hillsborough County Division of Library and Information Services „: ... Division of Licensing �oD the Preservation Board BINGEING MUSEUM OF ART MEMBER OF THE FLORIDA CABINET 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, ea,? QSLatA-S1 • Liz Cloud, Chief Bureau of Administrative Code LC/mp o ; s Q art•"� �_ w . �• ,. czo. Q • 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.fl.us • E-Mail: election@mail.dos.statefl.us