Ordinance 049-2001
ORDINANCE NO. 049 -2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS 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 61S, RANGE 39E,
AT APPROXIMA TEL Y MILE MARKER 98.5.
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on November 21, 2000, conducted a review and consideration of the request filed by
the applicant 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
located on North Bounty Lane in Buccaneer Point Subdivision, Section 31, Township 61 S,
Range39E, Monroe County, Florida, having the real estate identification numbers
00496131.008700,00496131.008800,00496131.008900 and 00496131.009000; and
WHEREAS, the Development Review Committee, Planning Commission, and staff report
all recommend approval of this future land use map amendment from RC and RM to RM as
indicated in Resolutions D 14-00 and P63-00; and
WHEREAS, the Planning Commission held a public hearing on September 27, 2000 and
recommends approval of the request; and
WHEREAS, the Board of County Commissioners made the following Finding of Fact:
1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the Land Development Regulations and the Future Land Use Map.
2. 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 factors.
3. This map amendment has been initiated by the property owner to address factor six (vi), data
updates. The applicant listed the following reason for requesting a rezoning of the subject
properties: The upland area currently zoned Native Area has been filled and is now disturbed,
therefore, the site conditions have changed.
Map File #20003
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4. The Planning Department's review of this map amendment indicates that the detail item raised
by the applicant is accurate. A site visit by the County Biologist revealed a disturbed, scarified
upland site.
5. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use Map
categories Residential Conservation (RC) and Residential Medium (RM) were applied to the
subject properties, following the existing zoning.
6. The subject properties currently have the Future Land Use Map category Residential
Conservation (RC) and Residential Medium (RM) on the upland portions of the properties.
7. There has been one re-zoning of the subject properties since the Pattison maps were adopted in
1986. These maps went to Public Hearings between 1986 and 1988 to identify errors brought
forward by property owners. As a result, a boundary change was approved by the Board of
County Commissioners on June 5, 1989. The result of the approval is the current zoning
boundary on the subject properties based on the "fill pads."
8. Policy 101.4.1 states that the purpose of the Residential Conservation (RC) land use category
is to encourage the preservation of open space and natural areas while providing for very low-
density residential development permitted in areas characterized by a predominance of
undisturbed native vegetation. Development of vacant land within this land use category is
based on permitted densities resulting from habitat analysis required under Monroe County
Land Development Regulations.
9. Policy 101.4.3 states that the purpose of the 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.
10, The Buccaneer Point Subdivision is a residential neighborhood, with the majority of lots
developed.
11. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate
land use category for the upland portions of the subject properties.
12. Section 9.5-511 prohibits any amendments to the text that would negatively impact community
character.
13. Changing the Future Land Use Map category will encourage more efficient use of these
properties than is currently permitted, in keeping with the character of existing adjacent land
uses.
Map File #20003
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14. 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.
15. 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.
16. Goal 102 of the 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.
17. The proposed map amendment supports Goal 102 as the habitat of the subject properties was
found to be already disturbed, therefore no negative impacts on the natural resources of the
subject properties are anticipated; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. This map amendment meets the criteria outlined in Section 9.5-511(d)(5)b(vi) and the
requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will
not negatively impact or alter the character of the subject properties or of the Buccaneer Point
Subdivision.
2. 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.
3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural
environment, will facilitate infill in an already developed neighborhood; 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 upland portions of the previously described property, which are currently
Residential Conservation and Residential Medium shall be designated as Residential Medium
as shown on the attached map, which is hereby incorporated by reference and attached as
Exhibit 1.
Map File #20003
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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,
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 December , A.D., 2000.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE C NTY, FLORIDA
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
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BY
Mayor Ch e "Sonny" McCoy
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APPROVED AS TO FORM
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Map File #20003
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RODRIGUEZ
Proposed land Use District Map
Amendment: Street Map
Key: Key Largo
Mile Marker: Approximate Mile Marker 98,5
.
Proposal: James C, Dougherty, Jr" EtA! are requesting a land Use District Map amendment from
Native Area NA / 1m roved Subdivision IS to 1m ved Subdivision IS
Property description: RE#: 496131,008700-496131,009000, See, 31, Twp, 61 S" Rge, 39 E., Lots
43,44,45, & 46, Block 3, Buccaneer Point Estates, Key Largo, Monroe County, Florida
Land Use District Map #: 137
Map Amendment #: 20003
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 COUN1Y 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
January 17,2002
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via CerlifiedMai17099 3400000591184332
Dear Mrs, Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 044-2001 approving the request by Hugh 1. 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,S.
Ordinance No. 045-2001 approving the request by Hugh 1. 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 1. and 1. 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, IS, 16, 17, and 18, Block 27, Sands
Subdivision, Big Pine Key, located in Section 25, Township 66S, Range 29E, at approximately
mile marker 3 1.
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, Jf. 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 61S, 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 61S, 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:
Cc: County Administrator w/o documents
Growth Management
County Attorney
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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 Electioos
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARfMENT OF STATE
Katherine Harris
Secretary of State
DIVISION 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:
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 . 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,jl,us
. 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:
Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
(Ord. 044 to 054-2001)
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3. Service Type
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4. Restricted Delivery? (Extra Fee)
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102595-00.M-0952