Ordinance 003-2006
ORDINANCE NO.
003- 2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
EARTHMARK COMPANIES, LLC. TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC)
TO MIXED USE (MU) FOR THE PROPERTIES DESCRIBED AS
LOTS 1,2,3,4,5,6, 7, 8, 30, 31, 32 AND 33, BLOCK 2, MANDALA Y,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 1, PAGE 194. HAVING REAL ESTATE NUMBER:
00554420.000000; AND TO AMEND THE LAND USE DISTRICT
(ZONING) MAP FROM URBAN RESIDENTIAL MOBILE HOME
(URM) TO URBAN RESIDENTIAL (UR) FOR THE PROPERTIES
DESCRIBED AS A STRIP OF LAND 125 FEET WIDE AND 250 FEET
IN DEPTH OFF THE SOUTHWESTERLY SIDE OF BLOCK 3, SAID
STRIP BEING 125 FEET ON EAST FIRST STREET AND EAST
SECOND STREET, AND 250 FEET ON SECOND AVENUE.
MANDALA Y, KEY LARGO, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1 , PAGE 194 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, AND A TRACT OF
LAND IN BLOCK 3 OF MANDALA Y, A SUBDIVISION OF KEY
LARGO, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK
1, AT PAGE 194 PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA SAID TRACT HAVING A FRONTAGE OF 100 FEET ON
EAST FIRST STREET, ACCORDING TO THE PLAT OF
MANDALA Y, AND A DEPTH OF 95 FEET AMD FURTHER
DESCRIBED AS THE NORTHWESTERL Y 95 FEET OF THE
NORTHEASTERL Y 100 FEET OF THE SOUTHWESTERLY 225 FEET
OF SAID BLOCK 3, AND THE NORTHEASTERLY 50 FEET OF THE
SOUTHWESTERLY 175 FEET, AND THE NORTHEASTERLY 50
FEET OF THE SOUTHWESTERLY 225 FEET, BLOCK 3,
MANDALA Y, A SUBDIVISION ON KEY LARGO, ACCORDING TO
THE PLAT RECORDED IN PLAT BOOK 1 , PAGE 194 PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, LESS THE
NORTHWESTERL Y 95 FEET OF THE NORTHEASTERLY 100 FEET
OF THE SOUTHWESTERLY 225 FEET THEREOF OF SAID BLOCK
3. HAVING REAL ESTATE NUMBERS 00554730.000000,
00554700.000000 AND 00554670.000000, AT APPROXIMATL Y MILE
MARKER 98, KEY LARGO, MONROE COUNTY, FLORIDA.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on February 15, 2006 conducted a review and consideration of the
request filed by Earthmark Companies, LLC. to amend the land use district (zoning) map
Page 1 of5
from Suburban Commercial (SC) to Mixed Use (MU) land use district for the property
described as Lots 1,2,3,4,5,6,7,8,30,31,32 and 33, Block 2, Mandalay, according to
the plat thereof as recorded in Plat Book 1, Page 194, Key Largo, Monroe County,
Florida, having the real estate identification number 00554420.000000; and
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on February 15,2006 conducted a review and consideration of the
request filed by Earthmark Companies, LLC. to amend the land use district (zoning) map
from Urban Residential Mobile Home (URM) to Urban Residential (UR) land use
district for the properties described as A strip of land 125 feet wide and 250 feet in depth
off the Southwesterly side of Block 3, said strip being 125 feet on East First Street and
East Second Street, and 250 feet on Second Avenue. Mandalay, Key Largo, according
to the plat thereof recorded in Plat Book 1, Page 194 of the Public Records of Monroe
County, Florida.
AND
A tract of land in Block 3 of Mandalay, a subdivision of Key Largo, according to the Plat
recorded in Plat Book 1, at Page 194 Public Records of Monroe County, Florida said
tract having a frontage of toO feet on East First Street, according to the plat of Mandalay,
and a depth of 95 feet and further described as the Northwesterly 95 feet of the
Northeasterly 100 feet of the Southwesterly 225 feet of said Block 3.
AND
The Northeasterly 50 feet of the Southwesterly 175 feet, and the Northeasterly 50 feet of
the Southwesterly 225 feet, Block 3, Mandalay, a subdivision on Key Largo, according
to the Plat recorded in Plat Book 1, Page 194 Public Records of Monroe County, Florida,
less the Northwesterly 95 feet of the Northeasterly 100 feet of the Southwesterly 225 feet
thereof of said Block 3, having the real estate identification numbers 00554730.000000,
0055700.000000 and 00554670.000000; and
WHEREAS, the Development Review Committee, during a public meeting held
in Key Largo on November 15, 2005, recommended approval of the application to the
Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Key Largo on
December 20, 2005 and recommended approval of the application to the Board of
County Commissioners; and
WHEREAS, the Board of County Commissioners further reviewed the
application and makes the following Findings of Fact:
1. Section 9.5-511 (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. In accordance with Section 9.5-511 (d) (5) (b) (i) Changed Projections and (ii)
Changed Assumptions: A trend towards full-service communities continues in Key
Largo with increasing demand for development that provides for the type of amenities
contained in Mariners Club. A population desiring this type of community continues
to increase exponentially and requires development that addresses the need for
housing for this population. This increasing demographic illustrates the need for
panned communities that maintain the community character so cherished in the Keys.
The previous residential use included mobile home units and RV's to satisfy the
Page 2 of5
housing need. The community need has changed and the previous mobile home and
RV units will be transformed into multi-family (27) units and transient hotel units
(11). The amendment of the land use designation from URM to UR enables the
development convert high density transient and mobile home units into
condominiums. The amendment of the SC land use designation property to MU
continues the ability for residential development while providing for commercial
amenities to service the community. The assumption of the status quo has not been
maintained in this region and amending the land use designation for these properties
will facilitate continuing improvement in the development of the area to address the
changing demographic need.
3. The pre-1986 zoning of the subject property was Medium Commercial BU-2. The
BU2 district was intended to provide areas suitably situated for centers of commercial
activity, area retail sales, sale of fuels, mechanical services, wholesaling, warehousing
and storage.
4. During the 1986 Comprehensive Plan process, the land use districts of the subject
property were changed to Sub Urban Commercial (SC) consistent with the previous
commercial zoning and URM consistent with the use of the property as a mobile-
home park.
5. Subsequent to the 1986 Comprehensive Plan process Lots 1 through 10 and lots 31
through 33 were rezoned from URM to SC on May 2, 1990 by BOCC Resolution
128-1990 and Lot 30, Block 2, Mandalay Subdivision, P.B 1. Page 195, Key Largo,
Monroe County, Florida, was rezoned from URM to SC on September 28,2001.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use category of Mixed Use Commercial (MC) for the Sub
Urban Commercial (SC) parcel and Residential High (RH) for the URM parcels with
the exception of Lot 30, Block 2, Mandalay Subdivision, P.B 1. Page 195, Key Largo,
Monroe County, Florida that was zoned URM with a FLUM designation of MC.
7. Based on Policy 101.4.5 of the Monroe County Year 2010 Comprehensive plan, the
principal purpose of the Mixed Use/ Commercial 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. This land use category is also
intended to allow for the establishment of mixed use development patterns, where
appropriate.
8. The Mixed Use/Commercial (MC) FLUM designation corresponds with the requested
Mixed Use (MU) land use district designation.
9. Policy 101.4.4 The principal purpose of the Residential High category is to provide
for high-density single-family, multi-family, and institutional residential
development, including mobile homes and manufactured housing, located near
employment centers.
10. The Residential High (RH) FLUM designation corresponds with the requested Urban
Residential (UR) land use district designation.
11. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
12. Objective 101.11 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.
Page 3 of5
13. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater and wastewater indicate that there are no significant concerns.
14. Goal 102 of the Monroe county Year 2010 Plan states that Monroe County shall
direct future growth to lands that are intrinsically most suitable for development and
shall encourage conservation and protection of environmentally sensitive lands. The
parcels are cleared and were previously developed. There will be no expansion onto
environmentally sensitive lands.
15. Based on Chapter 380.031 of the Florida Statutes, the definition of "development
Permit" includes zoning permit and rezoning. Therefore, a rezoning change should
support and implement the Land Development Regulations.
16. Based on Chapters 163.3201 and 163.3201 of the Florida Statutes, Land
development regulations shall be in compliance with and implement the adopted local
Comprehensive Plan.
17. Based on Chapter 163.3213 2 (b) "Land development regulation" means an
ordinance enacted by a local governing body for the regulation of any aspect of
development, including a subdivision, building construction, landscaping, tree
protection, or sign regulation or any other regulation concerning the development of
land. This term shall include a general zoning code, but shall not include a zoning
map, an action which results in zoning or rezoning ofland...
18. Based on Chapter 163.3177(6)(a) of the Florida Statutes, Future Land Use Map
illustrate the proposed distribution, location, and extent of various categories of land
use in a future land use plan. The future land use plan is just one of the several
elements of comprehensive plan. It designates proposed future general distribution,
location, and extent of the uses of land for different type of uses.
19. The community character of the neighborhood is mixed use. There is a mix of
residential, resort, marina and restaurant uses with corresponding land use districts of
Sub Urban Commercial (SC), Urban Residential Mobile Home (URM) and Urban
Residential (UR).
20. The Director of Planning and Environmental Resources reviewed the proposed land
use district map amendment and accepted the application for processing based on the
determination that the proposed land use district map amendment was not subject to
Resolution 320-2005 of the Monroe County Board of County Commissioners.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. The future land use Map is just one of the elements of the Year 2010 Comprehensive
Plan which shows only the proposed future general distribution, location and extent
of the uses of land for different types of uses.
2. Determination of granting a development permit (including rezoning) is based on the
consistency of the proposal with applicable Land Development Regulations and the
overall intent of the Comprehensive Plan.
3. Based on the Findings of Facts presented, the proposed land use designation is
appropriate for this property. In the process of determining appropriate land use
designation for the site, the Findings of Fact and Conclusions of Law shall be used to
guide the Staff.
Page 4 of5
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. The previously described properties shall be rezoned to Mixed Use (MU) and
to Urban Residential (UR), which is hereby incorporated by reference and attached as
Exhibit 1.
Section 3. 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 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 filed in the Office of the Secretary of State of the
State of Florida but shall not become effective until approved by the Department of
Community Affairs or Administration Commission.
Section 6. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 15th day of February 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray E. Nelson
Commissioner George Neugent
Commissioner Dixie M. Spehar
Commissioner David P. Rice
Yes
Not Present
Yes
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BOARD OF COUN
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By
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"~TIEST:~GE' CLERK
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Page 5 of5
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Proposed Land Use District Map Amendment: Street Map
Key: Key Largo
Mile Marker: 97.5
Proposal: Change Land Use District from Suburban Commercial District (SC) 11
to Mixed Use Distrct (MU) and Urban Residential Mobile Home District (URM)
to Urban Residential District.
Property Description: RE 00554420.000000, 00554730.000000, 1,000
00554700.000000 and 00554670.000000 I 1
Feet
Map Amendment: M25075 Land Use District Map#: 139
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Proposed Land Use District Map Amendment: Aerial
Key: Key Largo
Mile Marker: 97.5
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU) and Urban Residential Mobile Home District (URM)
to Urban Residential District.
Property Description: RE 00554420.000000, 00554730.000000, 150
00554700.000000 and 00554670.000000
Feet
Map Amendment: M25075 Land Use District Map#: 139
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Key: Key Largo
The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Mile Marker: 97.5
I'
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU) and Urban Residential Mobile Home District (URM)
to Urban Residential District.
Property Description: RE 00554420.000000, 00554730.000000,
00554700.000000 and 00554670.000000
250
Feet
Map Amendment: M25075
Land Use District Map #: 139
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
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
March 9, 2006
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekley
RA. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 9570
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No, 003-2006 approving the request by Earthmark Companies, LLC. to amend
the Land Use District (Zoning) Map from Suburban Commercial (SC) to Mixed Use (MU) for the
properties described as Lots 1,2,3,4, 5,6, 7, 8, 30, 31, 32 and 33, Block 2, Mandalay,
according to the plat thereof as recorded in Plat Book 1, Page 194, having real estate number:
00554420.000000; and to amend the Land Use District (Zoning) Map from Urban Residential
Mobile Home (URM) to Urban Residential (UR) for the properties described as a strip ofland
125 feet wide and 250 feet in depth otfthe southwesterly side of Block 3, said strip being 125 feet
on East First Street and East Second Street, and 250 feet on Second Avenue, Mandalay, Key
Largo, according to the plat thereof recorded in Plat Book I, Page 194 of the Public Records of
Monroe County, Florida, and a Tract of Land in Block 3 of Manda lay, a Subdivision of Key
Largo, according to the plat recorded in Plat Book 1, at Page 194 Public Records of Monroe
County, Florida said Tract having a frontage of 100 feet on East First Street, according to the plat
of Manda lay, and a depth of95 feet and further described as the northwesterly 95 feet of the
northeasterly 100 feet of the southwesterly 225 feet of said Block 3, and the northeasterly 50 feet
of the southwesterly 175 feet, and the northeasterly 50 feet of the southwesterly 225 feet, Block 3
Mandalay, a Subdivision on Key Largo, according to the Plat recorded in Plat Book 1, Page 194
Public Records of Monroe County, Florida, less the northwesterly 95 feet of the northeasterly 100
feet of the southwesterly 225 feet thereof of said Block 3, having real estate number
Monroe County Clerk's Office
Ordinance Nos. 003-2006 & 004-2006
00554730.000000,00554700.000000 and 00554670.000000 at approximately mile marker 98,
Key Largo, Monroe County, Florida.
Ordinance No. 004-2006 approving the request by John C. and Wendi A. Moore for a
Land Use District Map designation amendment from Sub Urban Commercial (SC) to Mixed Use
(MU) for properties legally described as Lot 1, Lot 2 and Lot 3, Block 13, Lake Surprise Estates,
Key Largo, Monroe County, Florida, at approximate mile marker 106. The real estate numbers
are 00537400.000000,0053741.000000 and 0053742.000000; providing for repeal of all
Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of
Ordinances; and providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on February 15, 2006. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Growth Management
County Attorney
BOCC
File ./
SENDER: COMPLETE THIS SECTION
. 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 mailpiece,
or on the front if space permits. .....
1. Article Addressed to:
Ms. Liz Cloud, Program Admin.
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
(Ordinances 003 & 004)
. .
. . .
A. Signature
o Agent
o Addressee
C. Date of Delivery
x
B. Received by ( Printed Name)
D. 15deliv~iff~,.E1 Yes
If YES, W~livt1'Y ~Pes5'btlb~ lEI No
MAR 20 2006
3. Service Ty
~rtjfled Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Transfer from service labeQ
PS Form 3811. February 2004
7002 2030 0001 2668 9570
102595-o2-M-154C
Domestic Return Receipt
FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
March 21, 2006
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated March 9, 2006 and certified copies of Monroe County Ordinance
Nos. 003-2006 and 004-2006, which were filed in this office on March 20, 2006.
LC/mp
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Liz Cloud ~ ~
Program Administrator ~~~
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OSTATE 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.t1.us
OLEGlSLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
OADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
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