Ordinance 022-2005
ORDINANCE NO. 022 -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONONERS APPROVING THE REQUEST BY THE LUJAN LIMITED
PARTNERSHIP TO AMEND THE FUTURE LAND USE DISTRICT MAP (FLUM)
FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL LOW (RL) FOR
THE PARCEL KNOWN AS THE "TRIANGLE PARCEL", AND FROM MIXED USE
COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM) FOR LOTS 6, 7, AND 8
OF THE KEY HA VEN'S NINTH ADDITION, FURTHER DESCRffiED AS
SECTIONS 25, TOWNSHIP 67 SOUTH, AND RANGE 25 EAST, RACCOON KEY,
MONROE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF CONFLICTS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS.
WHEREAS, the Monroe County Board of County Commissioners, during a special meeting held on
February 23, 2005 conducted a review and consideration of the request filed by the Lujan Limited
Partnership to amend the Future Land Use District Map (FLUM) from Mixed Use Commercial (MC) to
Residential Low (RL) for the parcel known as the "Triangle Parcel", and from Mixed Use Commercial
(MC) to Residential Medium (RM) for lots 6, 7, and 8 of the Key Haven's Ninth Addition, further described
as sections 25, Township 67 South, and Range 25 East, Raccoon Key, Monroe County, Florida. The Real
Estate Numbers are: 00123170.000000, 00123220.000000, 00139360.000000, 00139350.000000, and
00139340.000000; and
WHEREAS, at its August 19, 2004 meeting in Marathon, the Development Review Committee
reviewed the application and recommended approval of this Future Land Use Map amendment as outlined in
the DRC Resolution D29-04; and
WHEREAS, based on the recommendation of the Development Review Committee, the staff
recommended approval of the application to the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on February 9, 2005.
Based on the facts presented at the meeting, the Planning Commission recommended approval of the request
as outlined in the Planning Commission Resolution P69-04; and
WHEREAS, after further review of the application and consideration of facts, staff recommended
approval to the Board of County Commissioners as indicated in the Staff Report dated February 10, 2005;
and
WHEREAS, the Board of County Commissioners further reviewed the application and made the
following Finding of Facts:
1. Section 9.5-51 1 (d)(5) b. of the Monroe County Code (MCC) allows the Board of County Commissioners
to consider adopting an ordinance to enact map changes under six listed conditions.
2. This map amendment recognizes a need for comprehensiveness in planning (Section 9.5-5ll(d) (5) b. (v)
of the MCC). The application was initiated by the applicant in order to change the subject property's land
use designation to a land use district that corresponds with the residential character of Key Haven
Subdivision.
3. The pre-1986 zoning of the subject properties was BU-1 (Light Business District) and RU-1 (Single
Family Residential District).
4. During the 1986 Comprehensive Plan process, the land use (zoning) districts of the subject properties
were changed to IS and SR but later, the "Triangle Parcel" and lots 1 though 8 in the Ninth Addition
were changed to SC.
5. Based on MCC section 9.5-206, the purpose of the SC district is to establish areas for commercial uses
designed and intended primarily to serve the needs of the immediate planning area in which they are
located. This district should be established at locations convenient and accessible to residential areas
without use of U.S. 1.
6. The principal purpose of the Mixed Use/ Commercial (Me) land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail and office may be
permitted at intensities which are consistent with the community character and the natural environment.
7. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan (Comp Plan) shows
that most of Key Haven has a FLUM designation of Residential Medium (RM). Additionally, it is
assigned a zoning designation of (IS), consistent with the FLUM.
8. Section 9.5-511 of the MCC prohibits any map amendments that would negatively influence community
character.
9. Policy 101.4.3 of the Comp Plan states that development within this (Residential Medium) land use
category shall be limited to one residential dwelling unit for each such platted lot or parcel, which existed
at the time of plan adoption. Section 9.5-213 of MCC states, "This district is not intended to be used for
new land use districts of this classification within the county."
10. None of the lands which are the subject of this application except lots 6, 7, and 8, are platted.
11. Pursuant to MCC section 9.5-207, the purpose of the Suburban Residential zoning district is to establish
areas of low-to medium-density residential uses characterized principally by single-family detached
dwellings.
12. Objective 101.11 of the Comp Plan 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.
13. The 2004 Public Facilities Capacity Assessment Report and the listed programs on storm water and
wastewater indicate that there are no significant concerns regarding impacts on public facilities.
14. Goal 102 of the Comp 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.
15. Policy 101.4.3 of the Comp Plan states that the principal purpose of Residential Medium land use
category is to recognize those portions of subdivisions that were lawfully established and improved prior
to the adoption of this plan and to define improved subdivisions as those lots served by a dedicated and
accepted existing roadway, have an approved potable water supply, and have sufficient uplands to
accommodate the residential uses. Development within this land use category shall be limited to one
residential dwelling unit for each such platted lot or parcel which existed at the time of plan adoption.
2
16. Based on the community character, Future Land Use Map designation of Residential Low (RL) and
zoning district of Suburban Residential (SR) are preferred alternatives to the existing MC/SC land use
designation for the Triangle Parcel; and
WHEREAS, the Department of Community Affairs made no objections, recommendations, or
comments regarding the proposed map amendment; and
WHEREAS, the Board of County Commissioners held the second of two public hearings on the
proposed map amendment on September 22,2005; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. Based on the zoning and land use history, during the 1986 Comprehensive Plan process, staff supported
and approved a land use change for lots 3 through 10 of the Ninth Addition to RM. Therefore, based on
the historic evidence, a map amendment to change the Future Land Use Map of lots 6, 7, and 8 to
Residential Medium (RM) from the existing Mixed Use/ Commercial (Me) is consistent with Policy
101.4.3 of the Year 2010 Comprehensive Plan and the Monroe County Land Development Regulations
and therefore, is supported by the BOCC.
2. For the Triangle Parcel, the map amendment to Residential Low (RL) meets the requirements outlined in
sections 9.5-511(d)(5)b.(v) and 9.5-215 and will not negatively impact or alter the character of the
subject property or the neighborhood and is supported by the staff and the HOCC.
3. The Future Land Use Map amendments from MC to RL for the Triangle Parcel and RM for lots 6, 7, and
8 of the Ninth addition support Objective 101.11 of the Comp Plan based on the findings of the 2005
Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater.
With the exception of fire safety infrastructure as outlined in the letter from the Assistant Fire Marshal
dated May 03,2004, there are no significant concerns regarding impacts on public facilities.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
Sectionl. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described property AKA "Triangle Parcel", which is currently designated Mixed
Use/ Commercial (Me) shall be designated Residential Low (RL) and lots 6, 7, and 8, shall be designated
Residential Medium (RM) which is hereby incorporated by reference and attached as Exhibit 1.
Section3. 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 ordinance in conflict with this ordinance are hereby repealed to the
extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such
ordinance or revive any ordinance which has been repealed thereby.
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 approving the ordinance.
3
Section 7. This ordinance is hereby transmitted by the Planning Department to the Department of
Community Affairs for review and comment pursuant to Chapter 163, Florida Statutes.
Section 8. The Monroe County Staff is authorized to prepare and submit the required transmittal letter and
supporting documents for the proposed amendment in accordance with the requirements of 9J-l1.0 11 of the
Florida Administrative Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special
meeting held on the ~nd day of September , A.D., 2005.
Mayor Dixie M. Spehar Yes
Mayor Pro Tern Charles "Sonny" McCoy Yes
Commissioner George Neugent Yes
Commissioner P. David Rice Yes
Commissioner Murray E. Nelson Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By~>n~
M yor Spehar
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Proposed Future Land Use Map Amendment: Street Map
Key: Key Haven
Mile Marker: 5.5
Proposal: Change Future Land Use District from Mixed Use Commercial (MC)
to Residential Low (RL) and Mixed Use Commercial (MC) to Residential
Medium (RM)
Property Description: RE 123170, 123220, 139360, 139350, 139340
Map Amendment: M24066 Land Use District Map #: 575 and 576
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The Monroe County Year 2010 Comprehensive Plan
Future Land Use Map is proposed to be amended as
Key: Key Haven ilk
indicated above and briefly described as:
Mile Marker: 5.5
Proposal: Change Future Land Use District from Mixed Use Commercial (MC)
to Residential Low (RL) and Mixed Use Commercial (MC) to Residential
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Property Description: RE 123170, 123220, 139360, 139350, 139340 / 500 I
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Map Amendment: M24066 Land Use District Map #: 575 and 576
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Proposed Future Land Use Map Amendment: Aerial
Key: Key Haven
Mile Marker: 5.5
Proposal: Change Future Land Use District from Mixed Use Commercial (MC)
to Residential Low (RL) and Mixed Use Commercial (MC) to Residential
Medium (RM)
Property Description: RE 123170, 123220, 139360, 139350, 139340 i 500 i
Feet
Map Amendment: M24066 Land Use District Map #: 575 and 576
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION 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 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
October 17, 2005
Mrs. Liz Cloud, Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 9495
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 021-2005 approving the request by the Lujan Limited Partnership to
amend the Future Land Use District Map (FLUM) from Mixed Use/Commercial (MC)to
Residential Low(RL) for the parcel known as the"Triangle Parcel", and from Mixed
Use/Commercial (MC)to Residential Medium (RM) for lots 6, 7, and 8 of the Key Haven's Ninth
Addition; further described as Sections 25, Township 67 South, and Range 25 East, Raccoon
Key, Monroe County, Florida; Providing for Severability; Providing for an effective date;
Providing for repeal of conflicts; and Providing for transmittal to the Department of Community
Affairs.
Ordinance No. 022-2005 approving the request by the Lujan Limited Partnership to
amend the Land Use District (Zoning)Map from Suburban Commercial (SC) to Suburban
/ Residential (SR) for the parcel known as the "Triangle Parcel", and from Mixed Use/Commercial
(MC)to Improved Subdivision (IS) for lots 6, 7, and 8 of the Key Haven's Ninth Addition; further
described as Sections 25, Township 67 South, and Range 25 East, Raccoon Key, Monroe
County, Florida; Providing for Severability; Providing for an effective date; Providing for repeal
of conflicts; and Providing for transmittal to the Department of Community Affairs.
Ordinance No. 024-2005 approving amendments to the Monroe County 2010
Comprehensive Plan to delete requirements for a Habitat Evaluation Index (HEI), revise the Open
Space, Land Acquisition, Management and GIS mapping requirement and implement Goal 105 of
the 2010 Comprehensive Plan and the Tier System by deleting Policies 101.4.20, 102.4.6,
102.9.5, 102.9.6, 103.2.2, 207.1.2, 207.10.5, 207.12.6 and Objective 1201.13; Revising Policies
101.4.22,101.14.1,102.1.1,102.4.1,102.4.2,102.4.3,102.4.4, 102.4.5, 102.7.3, 102.8.1,
102.8.5, 102.9.1, 102.9.2, 102.9.3, 102.9.4, 103.2.1, 105.2.1, 105.2.3, 105.2.6, 105.2.7,
105.2.10, 204.2.1, 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2,
205.2.6,205.2.7,205.2.12,205.2.14,205.5.1, 205.5.2; Revising Objectives 102.4, 102.9,205,1,
205.2 and 205.5; Creating new policies 6, 102.4.6, and 102.4.7; Providing for repeal of
Ordinances inconsistent herewith; Directing the Planning and Environmental Resources
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and Providing for an effective date,
Ordinance No. 025-2005 approving amendments to the Monroe County Year 2010
Comprehensive Plan to change the Rate of Growth Ordinance (ROGO) and the Non-Residential
Rate of Growth Ordinance (NROGO) to utilize the Tier Overlay as the basis for the Competitive
Point System; To implement Goal 105 of the 2010 Comprehensive Plan by deleting Policies
101.5.7, 101.5.8, 101.6.5, 101.6.6, 101.13.3, 101.13.5, 101.13.7, and 101.13.8; Revising
Objective 101.5, and Policies 101.2.3, 101.2.4, 101.3.1, 010.3.3, 101.3.4, 101.3.5, 101.5,1,
101.5.2, 101.5.3, 101.5.4, 101.5.5, 101.5.6, 101.5.9, 101.5.10, 101.6.1, 101.12.4, 101.13.4,
101.13.6, 101.13.9, and 102.3.1; Creating new policies 101.5.9 and 101.6.5; Providing for repeal
of all Ordinances inconsistent herewith; Directing the Planning and Environmental Resources
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and Providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Special Meeting in formal session on September 22,2005. Please file for record. Should you
have any questions, feel free to contact my office at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By:Q~C. !!1v~ant;J
Isabel C. DeSantis, Deputy Clerk
cc: County Administrator
Growth Management Director
County Attorney
BOCC
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PS Form 3800, June 2002 See Reverse for InstructIOns
SENDER: C0MPLt= r c. ; Ii,~ _1 I",
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reVerse
sO.that we can return the card to you.
· Attach this card to the back of the mallpiece,
or on the front if space permits.
1. Article Addressed to:
A. Signature
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B. Received by ( PrInted Name)
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C. Date of Delivery
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Program Admtnietrator
A~mintstr.tive Code and Weekly
'tA. Gray Building
S" South Bronough Street
Tallahaase., Florf_. 32398-0250
OCT 1 9 2005
3.
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102595-02-M-1540
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
October 24,2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated October 17, 2005 and certified copies of Monroe County Ordinance
Nos. 021-2005,022-2005,024-2005,025-2005 and 026-2005, which were filed in this office on
October 19,2005.
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DSTATE LIBRARY OF FLORIDA
R.A, Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085 . http://www.dos.state.n.us
DLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
DADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282