Ordinance 004-2006
ORDINANCE NO.
004- 2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS 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.
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 John C. and Wendi A. Moore, to amend the zoning map from Sub Urban
Commercial (SC) to Mixed Use (MU) land use district for the properties described as Lot
1, Lot 2, and Lot 3, Block 13, Lake Surprise Estates, Key Largo, Monroe County,
Florida, having the real estate identification numbers 00537400.000000,
0053741.000000 and 0053742.000000; and
WHEREAS, based on the recommendation of the Development Review
Committee, DRC Resolution No. DI6-05, the staff recommended approval of the
application to the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Key Largo on
September 28, 2005. Based on the facts presented a the meeting, the Planning
Commission recommended approval to the Board of County Commissioners of the
rezoning as indicated in Resolution No. P39-05; and
WHEREAS, the Board of County Commissioners makes the following Findings of
Fact:
1. The pre-1986 zoning of the subject property was BU-l and BU-2.
2. 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.
3. 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 for the three parcels.
Page I of 4
4. 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.
5. In accordance with Section 9.5-511 (d) (5) (b) (i) Changed Projections and (ii)
Changed Assumptions, the applicant has established that existing detached
residential dwellings in the SC district are an indication of how actual development
differs from the possible SC development and support a land use district map
designation that would allow detached residential dwellings.
6. In accordance with 9.5-511 (d) (5) (b) (IV) New Issues, the applicant has established
that the Department of Transportation has expressed a requirement that any business
that would attract significant vehicular traffic to the site, install a deceleration lane at
the applicants sole cost on U.S. 1, should the applicant choose to develop the property
commercially. The projected cost ofthe deceleration lane is stated as $100,000.
7. The applicant initiated the land use change application to reclassify the Block 13,
Lots 1, 2 and 3, Lake Surprise Estates to a land use district that would recognize the
existing character of the area and allow detached residential dwellings.
8. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states that 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. Employee housing and
commercial apartments are also permitted. This land use category is also intended to
allow for the establishment of mixed use development patterns, where appropriate.
Various types of residential and non-residential uses may be permitted; however,
heavy industrial uses and similarly incompatible uses shall be prohibited. In order to
protect environmentally sensitive lands, the following development controls shall
apply to all hammocks, pinelands, and disturbed wetlands within this land use
category: only low intensity commercial uses shall be allowed; a maximum floor area
ratio of 0.1 0 shall apply; and maximum net residential density shall be zero.
9. Sec. 9.5-219 Purpose of the Mixed Use District (MU) states that the purpose of the
MU district is to establish or conserve areas of mixed uses, including commercial
fishing, resorts, residential, institutional and commercial uses, and preserve these as
areas representative of the character, economy and cultural history of the Florida
Keys.
10. Section 9.5-248 Mixed Use District (MU) indicates that the MU zoning district
permits detached residential dwellings and is the most applicable zoning district for
the proposed land use change.
11. Section 9.5-511 prohibits any map amendments that would negatively impact
community character.
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.
13. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
storm water 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.
Page 2 of 4
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. The land use district map amendment meets the requirements outlined in Section 9.5-
511 and the requirements meets the intent and purpose of Section 9.5-219.
2. The proposed land use district map amendment supports Objective 101.11 which
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 based on
the 2005 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater.
3. The proposed land use district map amendment is sufficiently consistent with Goal
102 of the Monroe county Year 2010 Comprehensive Plan, as it is consistent with the
purpose ofthe Mixed Use/Commercial (MC) Future Land Use category.
4. The propose land use district map amendment will not have a negative impact on
community character.
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),
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 a notice is issued by the Department
of Community Affairs or Administration Commission approving the ordinance.
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.
(THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK)
Page 3 of 4
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
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN FLORIDA
By
Mayor Charles "Sonny' cCoy
Deputy Clerk
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EXHIBIT ONE
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Proposed Land Use District Map Amendment: Street Map
Key: Key Largo
Mile Marker: 106.5
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU).
Property Description: RE 00537400.000000,00537410.000000, and 00537420.000000
Map Amendment: M25074
Land Use District Map #: 104
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Proposed Land Use District Map Amendment: Aerial
Key: Key Largo
Mile Marker: 106.5
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU).
Property Description: RE 00537400.000000, 00537410.000000,
and 00537420.000000 150
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Feet
Map Amendment: M25074 Land Use District Map#: 104
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BIG PINE RD
BAHIA HONDA RD
The Monroe County land Use Map is proposed to be amended
as indicated above and briefly described as:
Key: Key Largo
Mile Marker: 106.5
I
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU).
Property Description: RE 00537400.000000,00537410.000000,
and 00537420.000000
200
Feel
Map Amendment: M25074
Land Use District Map #: 104
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
FAJ< (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
R.A. 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 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, accord~ng 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 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.
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
' ■ Complete items 1,2,and 3.Also complete A. Signature
Item 4 if Restricted Delivery is desired.NI0
cc: Growth Managem Print your name and address on the reverse , X Agent
so that we can return the card to you. El Addressee
County Attorney ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) I C. Date of Delivery
BOCY or on the front if space permits.
1. Article Addressed to: D. Is deliv iff g Yes
File If YES,alt4rebihkry AdtlessrelKil No
Ms. Liz Cloud, Program Admin.
Administrative Code & Weekly MAR 20 2006
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250 3. Service Ty'
glic Mall ❑Express Mail
(Ordinances 003 & 004) 0 Registered ❑Return Receipt for Merohandise
❑Insured Mall ❑C.O.D.
4. Restricted Delivery?(Extra Fee) a Yes
2. Article Number
(Transfer from servicelaben! 7002 2030 0001 2668 9570
PS Form 3811,_February 2004 Domestic Return Receipt
102595-02-M-1540
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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.
Sincerely,
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Liz Cloud �'
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❑STATE LIBRARY OF FLORIDA
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