Ordinance 046-2001ORDINANCE NO.046 -2001
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROVING A REQUEST BY JOHN J. AND J.
LESLIE BRIER TO AMEND THE FUTURE LAND
USE MAP FROM RESIDENTIAL MEDIUM (RM)
TO RESIDENTIAL HIGH (RH) FOR THE
PROPERTIES DESCRIBED AS LOTS 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, AND 18, BLOCK
27, SANDS SUBDIVISION, BIG PINE KEY,
LOCATED IN SECTION 25, TOWNSHIP 66S,
RANGE 29E, AT APPROXIMATELY MILE
MARKER 31.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on December 13, 2000, conducted a review and consideration of the
request filed by the applicant's agent to amend the Future Land Use Map from
Residential Medium (RM) to Residential High (RH) for properties described as Lots 1-
18, Block 27, Sands Subdivision, Big Pine Key, Section 25, Township 66S, Range 29E,
Monroe County, Florida, having the real estate identification number 00303510.000000.
WHEREAS, the Development Review Committee, Planning Commission and
staff support and recommend approval of this future land use map amendment from RM
to RH as indicated in resolutions D-16-00 and P-72-00; and
WHEREAS, the Planning Commission held a public meeting on November 16,
2000 and recommends approval of the request; and
WHEREAS, the Board of County Commissioners made the following Findings
of Fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations
allows the Board of County Commissioners to consider adopting an ordinance to
enact map changes under six listed conditions.
2. This Map Amendment recognizes data errors, new issues, and a need for additional
detail or comprehensiveness in planning. The application was initiated by the
applicant's agent to amend the future land use map to a designation that corresponds
with the current zoning of the property.
3. The pre-1986 zoning of Paradise Island Park was Single -Family Residential (RU-1).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the
subject properties was changed to Improved Subdivision (IS). The purpose of the
BOCC Ordinance to Amend FLUM Page 1 of 5 Initials
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Improved Subdivision (IS) zoning district is to accommodate the legally vested
residential development rights of the owners of lots in subdivision that were lawfully
established and approved prior to the adoption of the current Land Development
Regulations in 1986.
5. The current Future Land Use Map category for Paradise Island Park is Residential
Medium (RM).
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan
followed the land use (zoning) district boundaries, categorizing the FLUM for the
subject properties Residential Medium (RM).
7. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the
purpose of Residential Medium (RM) Future 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 on vacant
land 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.
8. The Monroe County Circuit Court issued a Writ of Certiorari (Case # 94-1528-CA-
18) on August 17, 1998 that ordered the zoning of the subject property be changed
from Improved Subdivision (IS) to Urban Residential — Mobile Home (URM).
9. A binding ten-year Development Agreement established by Paradise Island Park,
Inc., Key West Oceanside Marina, Inc., Monroe County, and the Florida Department
of Community Affairs was entered into on April 4, 2000. Part of that agreement
called for the County to initiate the change in future land use designation from
Residential Medium (RM) to Residential High (RH).
10. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that
Monroe County shall eliminate or reduce the frequency of uses that are inconsistent
with the applicable provisions of the Land Development Regulations and the Future
Land Use Map.
11. The Urban Residential — Mobile Home (URM) land use district corresponds with
only one Future Land Use category, Residential High (RH).
12. Section 9.5-213 states that the purpose of the Residential High (RH) Future Land
Use 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.
13. The additional development rights approved in the Development Agreement
authorized by Monroe County and the Florida Department of Community Affairs
BOCC Ordinance to Amend FLUM Page 2 of 5 Initials
File M#20048
supports the intent of the Urban Residential — Mobile Home (URM) zoning district
and the Residential High (RH) Future Land Use category.
14. Section 9.5-233 indicates that the Urban Residential — Mobile Home (URM) zoning
district permits mobile homes and detached residential dwellings, and therefore is the
most applicable zoning district.
15. Section 9.5-511 prohibits any map amendments that would negatively impact
community character.
16.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.
17. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding
impacts on public facilities.
18. Goal 102 of the Monroe County Year 2010 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.
19. The proposed map amendment supports Goal 102 through the reduction in density
from forty-one (41) to eighteen (18) units; and
WHEREAS, the Board of County Commissioners made the following Conclusions of
Law:
1. This text amendment meets the second, third, and fourth criteria outlined in Section
9.5-511 of the Monroe County Land Development Regulations and will not
negatively impact or alter the character of the surrounding area.
2. The proposed land use changes would positively impact and reinforce the
community's character, which is consistent with Objective 101.4 of the Monroe
County Year 2010 Comprehensive Plan.
I The proposed map amendment supports Objective 101.11 of the Monroe County
Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities
Capacity Assessment Report and the listed programs on stormwater and wastewater.
There are no significant concerns regarding impacts on public facilities.
BOCC Ordinance to Amend FLUM Page 3 of 5 Initials
File M#20048
4. The proposed map amendment is consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan. This project reduces the density from forty-one (41)
to eighteen (18) units on an island that has a low Level of Service on U.S. 1 and is
home to endangered species.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT;
Section 1. This Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. The previously described property, which is currently Residential Medium
(RM), shall be designated as Residential High (RH) as shown on the attached map,
which is hereby incorporated by reference and attached as Exhibit 1.
Section 3. 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 ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
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.
BOCC Ordinance to Amend FLUM Page 4 of 5 Initials.
File M#20048
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 20th day olbecember , A.D, 2001.
Mayor Charles "Sonny" McCoy yes
Mayor Pro Tern Dixie Spehar yes
Commissioner Murray Nelson nhcant
Commissioner George Neugent yes
Commissioner Nora Williams yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE CqVNTY, FLORIDA
BY V�
Mayor ClIarl"Sonny" McCoy
A PROVED A F "
f L. KOLHA�GE, CLERK N LEGAL U l��""
BY
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Proposed FLUM District Map
Amendment: Street Map
Key: Big Pine
Mile Marker: Approximate Mile Marker 31
Proposal: Change FLUM District from RM to RH
Property description: Lots 1 through 18, Block 27, Sands Subdivision, Big Pine Key,
FLUM Map #: 6
Map Amendment M 20048
Proposed FLUM District Map
Amendment: Aerial
Key: Big Pine
Mile Marker. 31
Proposal: Change FLUM designation from RM to RH
Property description: Lots 1 through 18, Block 27, Sands Subdivision, Big Pine Key, Monroe County,
Florida
FLUM Map #: 6
Map Amendment # : 20048
N
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
��ouNtr , e4J ` Y CUipvC�Gw
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tta�.c��r f�dr
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
January 17, 2002
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 952-7145
FAX (305) 852-7146
Via Certified Mail 7099 3400 0005 9118 4332
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 044-2001 approving the request by Hugh J. Morgan to amend the Future
Land Use Map from residential conservation (RC) to residential high (RH) for properties
described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch Key,
located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at approximately mile
marker 98.5.
Ordinance No. 045-2001 approving the request by Hugh J. Morgan to amend the Land
Use District (Zoning) Map from native (NA) to urban residential - mobile home (URM) for
properties described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch
Key, located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at
approximately mile marker 98.5.
Ordinance 046-2001 approving a request by John J. and J. Leslie Brier to amend the
Future Land Use Map from residential medium (RM) to residential high (RH) for the properties
described as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Block 27, Sands
Subdivision, Big Pine Key, located in Section 25, Township 66S, Range 29E, at approximately
mile marker 31.
Ordinance No. 044-2001 to 054-2001
January 17, 2002
Ordinance No. 047-2001 recommending approval of the request by Key West Brewery
to amend the Land Use District (Zoning) Map from sub urban commercial (SC) to industrial (I)
for property described as 99 Calle Uno, part of Government Lot 5, Section 21, Township 67
South, Range 26 East, East Rockland Key, at approximately mile marker 9.5.
Ordinance No. 048-2001 recommending approval of the request by Key West Brewery
to amend the Future Land Use Map from mixed use/commercial (MC) to industrial (I) for
property described as 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South,
Range 26 East, East Rockland Key, at approximately mile marker 9.5.
Ordinance No. 049-2001 approving the request by James Dougherty, Jr. to amend the
Future Land Use Map from residential conservation (RC) and residential medium (RM) to
residential medium (RM) for the upland portions of the properties described as Lots 43, 44, 45,
and 46, Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range
39E, at approximately mile marker 98.5.
Ordinance No. 050-2001 approving the request by James Dougherty, Jr. to amend the
Land Use District (Zoning) Map from native area (NA) and improved subdivision (IS) to
improved subdivision (IS) for the upland portions of properties described as Lots 43, 44, 45, and
46, Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range 39E,
at approximately mile marker 98.5.
Ordinance No. 051-2001 approving the request by Leonard Lovallo to amend the Future
Land Use Map from recreation (R) to residential medium (RM) for property described as part of
Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo, located in Section 13,
Township 59 South, Range 40 East, located within the Ocean Reef Club at the northern terminus
of County Highway 905.
Ordinance No. 052-2001 approving the request by Leonard Lovallo to amend the Land
Use District (Zoning) Map from park and refuge (PR) to improved subdivision (IS) for property
described as part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo,
located within the Ocean Reef Club at the northern terminus of County Highway 905.
Ordinance No. 053-2001 approving a request of the Monroe County Planning
Department to amend the Monroe County Year 2010 Comprehensive Plan by amending Policy
101.3.4 which exempts public facilities from the requirements of the Permit Allocation System.
Ordinance No. 054-2001 to amend the Monroe County Year 2010 Comprehensive Plan
to include a cultural resources element.
Ordinance No. 044-2001 to 054-2001
January 17, 2002
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on December 20, 2001. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissi ners
by: r-,"?
Pamela G. H cock, Deputy Clerk
Cc: County Administrator w/o documents
Growth Management
County Attorney
BOCC
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 Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
January 24, 2002
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:
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 Tampa/Hillsborough County
Preservation Board
RINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated January 17, 2002 and certified copies of Monroe County
Ordinance Nos. 044-2001 through 054-2001, which were filed in this office on
January 23, 2002.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building e 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. statefl. us
Dmplete items 1, 2, and 3. Also complete
)m 4 if Restricted Delivery is desired.
rint your name and address on the reverse
that we can return the card to you.
ttach this card to the back of the mailpiece,
r on the front if space permits.
rticle Addressed to:
rs. Liz Cloud
ureau of Administrative Code
he Collins Building
07 W Gaines Street, Suite L43
'allahassee FL 32399-0250
'Ord. 044 to 054-2001)
A. Received by (Please Print Clearly) I B. Date of Delivery
C. SignaturbEPAR.T- 1��}iiNT pFr$TATE.
X ❑ Addressee
D. Is delivery address "different from item,l? ❑ Yes
If YES, enter delivery address below. ❑ No
3. Service Type
�Kertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
102595-00-M-0952