Ordinance 020-2000 ORDINANCE NO. 020 -2000
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS
APPROVING THE REQUEST BY PROPERTY OWNER IDA WELBORN
TO CHANGE THE FUTURE LAND USE MAP DESIGNATION OF THE oc
2010 COMPREHENSIVE PLAN FOR LOTS 10 AND 11, RESUBDIVISIO � r=-
OF SEASIDE, SECTION 14. TOWNSHIP 62 SOUTH, RANGE 38 EAST, At &J
APPROXIMATELY MILE MARKER 94.5, KEY LARGO, REAL ESTA'X,
NUMBERS 00491650 AND 004911660, FROM RESIDENTIAL MEDIL
(RM) TO MIXED USE/COMMERCIAL (M/C) :c L?r- m
WHEREAS, the Monroe County Board of County Commissioners durin 'a lbli ie g
held on September 3, 1998 conducted a review and consideration of a request filedy
applicant/property owner Ida Welborn on behalf of American Legion Post 333 for a Future Land Use
Map (FLUM) change from Residential Medium (RM) to Mixed Use/Commercial (MC) for property
described as lots 10 and 1 I, Resubdivision of Seaside, Section 14, Township 62 South, Range 38 East,
MM 94.5 Key largo, Real Estate Numbers 00491650 and 004911660;
WHEREAS, the Board of County Commissioners considered the following information:
(1) The report prepared by Director of Planning Timothy J. McGarry dated August 21,
1998 regarding the FLUM change;
(2) The Planning Commission's Resolution No. P66-98 recommending denial of the FLUM
change;
(3) The applicant's presentation before the Board; and
(4) The input received from members of the public.
WHEREAS, the Board of County Commissioners transmitted this as a draft ordinance to the
Department of Community Affairs for its review and comment; and
WHEREAS, the Department of Community Affairs made no objections, recommendations or
comments regarding this proposed amendment; and
WHEREAS, the Board of County Commissioners held the second of two public hearings on
the proposed amendment on February 17, 2000; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
(1) Sec. 9.5-511, MCC, states that the Board of County Commissioners may consider a
land use change if at least one of the six criteria in that section is met. Sec. 9.5-511,
MCC, also prohibits a change that negatively impacts community character.
(2) The present FLUM designation is RM.
(3) The applicant has requested a MC designation in order to accommodate the construction
of an American Legion Hall on the site.
(4) Goal 101 of the 2010 Comprehensive Plan provides, inter alia, that Monroe County
must manage growth to enhance the quality of life of residents and visitors.
(5) Objective 101.3 of the 2010 Comprehensive Plan provides, inter alia, that Monroe
County must regulate non-residential development to serve the needs of the future
population of the County.
(6) Policy 101.4.5 of the 2010 Comprehensive Plan states, inter alia, that the MC FLUM
designation is to provide for commercial and nonresidential uses at intensities consistent
with the surrounding community character.
(7) The operation of an American Legion Hall on the site is a nonresidential use that
accommodates the present and future recreational and social needs of those residents
and visitors to the County who were willing to put their lives at risk when called by
their Country.
WHEREAS, the Board of County Commissioners makes the following Conclusions of Law:
(1) The applicant's requested FLUM change for the site to MC is consistent with the new
issue raised in Finding of Fact No. 7 and thus constitutes authorization for the Board of
County Commissioners to make such a change pursuant to Sec. 9.5-511 (d)(5), MCC.
(2) The applicant's proposed American Legion Hall for the site is a nonresidential use
consistent with a MC FLUM designation.
(3) The change of the subject site's FLUM designation to MC is consistent with Goal 101
of the 2010 Comprehensive Plan because the American legion Hall will enhance the
quality of life of residents and visitors.
(4) The change of the subject site's FLUM designation to MC is consistent with Objective
101.3 of the 2010 Comprehensive Plan because the American Legion Hall will serve the
needs of the future population of the County.
(5) The change of the subject site's FLUM designation to MC is consistent with Policy
101.4.5 because the American Legion Hall is consistent with the surrounding
community character and environment.
(6) Therefore, the Planning Commission's Resolution No. P66-98 erroneously concluded
that the applicant's request was inconsistent with the 2010 Comprehensive Plan and
land development regulations; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONER OF MONROE
COUNTY, FLORIDA:
Section 1. The Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. Lot 10 and 11, Resubdivision of Seaside, Section 14, Township 62 South, Range 38
East, at approximate mile marker 94.5, Key Largo, are hereby designated Mixed Use/Commercial on
Future Land Use Map, 2010 Comprehensive Plan. The official FLUM must be amended as described
in this section.
Section 3. If any section, subsection, sentence, clause 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 shall be transmitted to the state land planning agency for approval.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida but will not take effect until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of February , 2000.
Mayor Shirley Freeman Yes •
Mayor Pro Tern George Neugent Yes
Commissioner Shirley Freeman Yes
Commissioner Nora Williams Yes
Commissioner Mary Kay Reich Yes
(ATTEST)
APPROV.i .� 01 A RM
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 • 500 WHITEHEAD 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 Shore's
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, 003.19491-004800, 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
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
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Division of Elections
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Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
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Preservation Board
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
RINGLING MUSEUM OF ART
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 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