Ordinance 041-2001
ORDINANCE NO. 041- 2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY THE UPPER KEYS SAILING CLUB, INC. TO AMEND
THE LAND USE DISTRICT (ZONING) MAP FROM
IMPROVED SUBDIVISION (IS) TO PARK AND REFUGE (PR)
FOR PROPERTIES DESCRIBED AS LOT 6, BLOCK 2, LESS
THE SOUTH 80 FEET; AND LOTS 7 AND 8, BLOCK 2; AND
A PART OF THE ROAD (AKA POINT PLEASANT DRIVE)
LOCATED BETWEEN LOTS 6 AND 7, LESS THE
SOUTHERLY 80 FEET OF LOT 6; ALL BEING A PART OF
THE AMENDED PLAT OF POINT PLEASANT, KEY LARGO,
LOCATED IN SECTION 29, TOWNSHIP 61 SOUTH, RANGE
39 EAST, AT APPROXIMATELY MILE MARKER 99.5
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on November 20,2001, conducted a review and consideration of the request filed
by the applicant's agent to amend the land use district map from Improved Subdivision (IS) to
Park and Refuge (PR) for properties located in the Amended Plat of Point Pleasant, Key Largo,
Section 29, Township 61 South, Range 39 East, Monroe County, Florida, having the real estate
identification number 00496430.000000; and
WHEREAS, the Development Review Committee (Resolution D22-0 1), Planning
Commission (Resolution P73-0 1), and staff report all recommend approval of this land use
district (zoning) map amendment from IS to PR; and
WHEREAS, the Board of County Commissioners made the following Findings of Fact:
1. Section 9.5-511 of the Monroe County Code specifies that the Board of County
Commissioners may consider a land use change if at least one of six criteria is met. Section
9.5-511 also prohibits a change which negatively impacts the community character.
Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan requires that the
County regulate further development to maintain the character of the community.
2. The subject property is developed with three structures built between 1938 and 1944. It is
surrounded by residential neighborhoods. It is designated Improved Subdivision (IS) on the
land use district (zoning district) and Recreation (R) on the Future Land Use Map.
Page 1 of3
Initials
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3. The applicant has requested the Park and Refuge (PR) land use (zoning) district, which is the
only zoning that is compatible with the Recreation (R) Future Land Use category (Policy
101.4.9).
4. The pre-1986 zoning of the subject properties was BU-2 Medium Business District.
5. There will be no additional negative impacts on natural resources as a result of the proposed
land use change.
6. Sufficient public facilities capacity exists to accommodate the proposed land use change; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. The subject property meets the purpose of the proposed land use (zoning) district as well as
that of the current Recreation (R) Future Land Use Map designation and therefore would not
negatively impact community character, and is consistent with Objective 101.4. (Findings 1-
3)
2. There is a basis for consideration of the proposed map amendment because of Data Errors.
(Findings 1,3, and 4)
3. The proposed map amendment is consistent with Goal 102 and Objective 101.11 since it will
not negatively impact natural resources or overtax public facilities. (Findings 5-6)
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section I.
above.
This Board specifically adopts the findings of fact and conclusions of law stated
Section 2. The previously described properties, which are currently designated Improved
Subdivision (IS) shall be designated Park and Refuge (PR) as shown on the attached map, which
is hereby incorporated by reference and attached as Exhibit I.
Section 3. .
above.
The Land Use District (Zoning) Map shall be amended as delineated in Section 2
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.
Page 2 of3
Initials
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Section 6. This ordinance is hereby transmitted to the state land planning agency for review
and comment pursuant to Chapter 163, 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 Chapter 163,
Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20th day of November ,2001.
MAYOR r Mc~oy _
Mayor Pro Ten' Spehar
Commissioner.
Commissioner -
Commissioner
yes
Nelson
Neugent
Williams
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yes
yes
yes
BOARD OF COUNTY CO
OF MONROE COUNT ,
BY
MAYOR
ATTEST: DANNY KOLHAGE, CLERK
!hoMe. LfM)!JcudIAJ
DEPUTY CLERK '
Page 3 of3
Initials
G:\Planning\Map Amendments\Upper Keys Sailing Club\BOCC\SAILING CLUB BOCC ORDlNANCE.doc
Exhibit 1
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The Monroe County Land Use Map is m:QPOsed to be
amended as indicated above and briefly described as: change
Land Use District from IS to PR for Block 2. Lots 7 .8 . Part of Lot 5 and that portion of Point Pleasant
Drive located between bts 5 and 7. less the southertv 80' of Lot 5 of the Amended Plat of Point Pleasant
Subdivision. PB 2 Po. 23 . Sec. 29. Two.51 S.. Rae. 39 E.. Key Laroe, Fbrida
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Amendment #:
01-157
Sheet #:
133
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARAlHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FWRIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
December 12, 2001
Department of State, Bureau of Administrative Code
The Collins Building
1 07 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250
Dear Ms. Cloud:
Please be advised that at a Regular Meeting in formal session on November 20,2001, the
Board of County Commissioners of Monroe County adopted the following Ordinances:
Ordinance No. 040-2001 amending Section 6-32, Monroe County, clarifying the
application ofthe four year statute of limitations; Providing for Severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe
County Code of Ordinances; and Providing an effective date.
Ordinance No. 041-2001 approving the request by the Upper Keys Sailing Club, Inc. to
amend the Land Use District (Zoning) Map from Improved Subdivision (IS) to Park and Refuge
(PR) for properties described as Lot 6, Block 2, less the South 80 feet; and Lots 7 and 8, Block 2,
and part ofthe road (aka Point Pleasant Drive) located between Lots 6 and 7, less the Southerly
80 feet of Lot 6; all being a part ofthe amended Plat of Point Pleasant, Key Largo, located in
Section 29, Township 61 South, Range 39 East, at approximately mile marker 99.5.
Attached hereto are certified copies of the subject Ordinances for your handling. Should
you have any questions concerning the above, please do not hesitate to contact this office.
Very truly yours,
Danny L. Kolhage
Clerk of Court and ex-officio Clerk to the
Board of County Commissioners
BY~~C. &uxf~
Isabel C. DeSantis, Deputy Clerk
Cc: Municipal Code Corporation, 040-2001
County Commission
County Administrator
County Attorney
File
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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 Ubrary and Information Services
Division of Ucensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tarnpa/Hillsborough County
Preservation Board
FWRIDA DEPARfMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
RINGLlNG MUSEUM OF ART
December 20,2001
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
receipt of your letter dated December 12, 2001 and certified copies of Monroe
County Ordinance Nos. 040-2001 and 041-2001, which were filed in this office on
December 17, 2001.
Please be advised that the Florida County Ordinance Data Retrieval System
(CODRS) Coding Forms were not received for the above mentioned ordinances.
LC/mp
Sincerely,
uz~~~~e~
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us
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DCA Final Order No.: DCA02-0R-029
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 041-2001
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2001), approving
Monroe County Ordinance No. 041-2001 as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On December 19, 2001, the Department received for review Monroe County
Ordinance No. 041-2001 which was adopted by the Monroe County Board of County
Commissioners on November 20,2001 ( "Ord. 041-2001 "). Ord. 041-2001 changes the zoning
for a 0.9 acre parcel ofland located in the Point Pleasant subdivision on Key Largo from
Improved Subdivision to Park and Refuge, which is consistent with the Future Land Use Map
designation.
3. Ord. 041-2001 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. 9~ 380.05(6) and (11), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2001).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. 9380.0552, Fla. Stat. (2001) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. 9 380.031 (8), Fla. Stat. (2001). The regulations
adopted by Ord. 041-2001 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles"). 9380.0552(7), Fla. Stat.; see Rathkamp v. Department of Community Affairs, 21
F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are
construed as a whole and no specific provision is construed or applied in isolation from the other
provisions. 9380.0552(7), Fla. Stat. (2001).
8. Ord. 041-2001 promotes and furthers the following Principles in ~ 380.0552(7):
(a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
the continuation of the area of critical state concern designation.
10. Ord. 041-2001 is not inconsistent with the remaining Principles. Ord. 041-2001 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 041-2001 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tall~
SONNY TIMMERMAN, DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATNE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATNE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATNE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-1 06, PARTS I AND Ill, FLORIDA ADMINISTRA TNE CODE. IN AN
INFORMAL ADMINISTRATNE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENT ATNE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRA TNE HEARING BEFORE AN ADMINISTRA TNE LAW JUDGE OF THE
DNISION OF ADMINISTRA TNE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATNE CODE. AT A FORMAL ADMINISTRA TNE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENT ATNE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTT AL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEV ARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished to
the persons listed below by the method indicated this ~day of February, 2002.
~~ O'----~~ir::;-~
~ula Ford, Agency Clerk '
By U.S. Mail:
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagencv Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee