Ordinance 013a-2007
ORDINANCE NO. 013a-2007
AN ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY
COMMISSIONONERS APPROVING THE
REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND
THE FUTURE LAND USE DESIGNATION
FROM RC TO C FOR 00117510.000100
(LAND AUTHORITY) AND FROM C TO
MC FOR 00117510.000200 (EARTH AND
SEA) FOR PROPERTIES LOCATED AT 25
6627 SUGARLOAF KEY PART GOV LOT
5 AKA LOTS 2 AND 3 BLOCK 1,
SUGARLOAF ACRES SECTION ONE,
SUGARLOAF KEY, FLORIDA,
APPROXIMATE MILE MARKER 19.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on April 19, 2006, conducted a review and consideration of the
request filed by Monroe County Planning Department to amend the Future Land Use
Map from Residential Conservation to Conservation for 00117510.000100 (Land Authority) and
from Conservation to Mixed Use/Commercial for 00117510.000200 (Earth and Sea); and
WHEREAS, the Development Review Committee, during a public meeting held
in Marathon on March 10, 2005, recommended approval of the application to the
Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on
May 11, 2005, recommended approval of the application to the Board of County
Commissioners; and
WHEREAS, the Board of County Commissioners further reviewed the
application and made the following Finding of Facts:
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 is predicated on item number iii of Section 9.5-511(d)(5)
which cites "data errors" as a viable reason to pursue a map amendment and
zoning change. Based on the close proximity of the year the neighboring parcel
was purchased by the Land Authority and the creation of the Future Land Use
Map as well as the historical use of the subject parcel; staff confidently believes
the FLUM Designation of Conservation was intended for the neighboring parcel
(00117510.000100).
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3. The pre-1986 zoning of 00117510.000200 was General Use (GU) and Business
Use-2Q (BU-2Q). These designations are consistent with the established
commercial use of the property. The pre-1986 zoning of 00117510.000100 was
General Use (GU).
4. During the 1986 revisions to the Land Development Regulations and land use
designations, the land use (zoning) district of the 00117510.000200 was changed
from BU-2Q to Suburban Commercial (SC) and the land use (zoning) district of
the 00117510.000100 was changed from GU to Native Area (NA).
5. Section 9.5-206 of the Land Development Regulations indicate that the purpose
of the Suburban Commercial (SC) district is to establish areas for commercial
uses designed and intended primarily to serve the needs of the immediate
planning area in which they are located. Section 9.5-210 of the Land
Development Regulations indicates that the purpose of the Native Area (NA)
district is to establish areas that are undisturbed with the exception of existing
solid waste facilities and because of their sensitive enviromnental character
should be preserved in their natural state.
6. The current commercial/retaillresidential/storage uses of the 00117510.000200
property dates back to the early 80's, as evidenced by Building Permit # 117510
issued to Tropical Marine Center, and is reflective of the previous zoning
categories of GU and BU-2Q. Based on the established use of the property, the
Suburban Commercial zoning designation is the most appropriate zoning
designation for the subject property.
7. The FLUM of the Monroe County Year 2010 Comprehensive Plan designates
00117510.000200 as Conservation (C). The FLUM of the Monroe County Year
2010 Comprehensive Plan designates 00117510.000100 as Residential
Conservation (RC).
8. Policy 101.4.19 of the Monroe County Year 2010 Comprehensive Plan states that
the purpose of the Residential Conservation (RC) land use category is to
encourage preservation of open space and natural resources while providing for
very low-density residential development in areas characterized by a
predominance of undisturbed native vegetation. Policy 101.4.15 of the Monroe
County Year 2010 Comprehensive Plan states that the purpose of the
Conservation land use designation is to provide for publicly owned lands held
primarily for the preservation of natural and historic resources and compatible
passive recreational uses. Public uses consistent with the purpose of this
designation shall be allowed. This constrains potential renovation or expansion of
uses of parcel 00117510.000200, yet is consistent with the ownership and use of
the neighboring parcel 00117510.000100.
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9. Subsequent to the adoption of the FLUM and Comprehensive Plan future
commercial and residential development in the Conservation (C) districts were
prohibited and any existing commercial and storage uses on the 00117510.000200
property became non-conforming.
10. Policy 105.1.4 of the Monroe County Year 2010 Comprehensive Plan states that
"Monroe County shall prepare redevelopment standards and amend the Land
Development Regulations to address the large number of non-conforming
commercial structures that are non-compliant as to on-site parking, construction
and shoreline setbacks, stormwater management, landscaping and buffers. By
identifying the existing character and constraints of the different island
communities, regulations can be adopted that provide incentives for
redevelopment and permit the continuance of businesses while moving towards an
integrated streetscape".
I!. The Mixed Use/Commercial (Me) Future Land Use designation corresponds
with the land use zoning designation, Suburban Commercial (sq. The MC
Future Land Use designation is the most appropriate FLUM Designation for the
00117510.000200 property. Further, staff feels the parcel was intended to have
this MC designation and the 00117510.000100 parcel was intended to have the C
designation.
12. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing uses of residential/commerciallretaillstorage
parallel the historical uses of the property. Further, the neighboring development
which has a SC land use designation and MC future land use designation contains
a mixture of uses very similar to the 00117510.000200 parcel.
WHEREAS, the Board of County Commissioners made the following
Conclusions of Law:
I. This map amendment meets the third (iii) criteria outlined in Section 9.5-511 of
the Monroe County Land Development Regulations and will not have a negative
impact or alter the character of the properties or the immediate vicinity.
2. The proposed map amendments are supported by and consistent with Policy
105.1.4 which will ultimately make the uses of the subject property
(00117510.000200) consistent with the land use and future land use classification
of permitted uses of the MC Designation and the adjacent property
(00117510.000100) consistent with the ownership and use of the C Designation.
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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 Future Land Use Map (FLUM) designation of subject property
whose Real Estate # is 00117510.000200 is amended from Conservation (C) to Mixed
Use/Commercial (MC) and the FLUM designation of subject property whose Real Estate
# is 00117510.000100 is amended from Mixed Use Commercial (MC) to Conservation
(C) as shown on the attached map and 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 ordinance in conflict with this ordinance are
hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
repeal the repealing clause of such ordinance or revive any ordinance which has been
repealed thereby.
Section 5. This ordinance does not affect prosecutions for ordinance violations
committed prior to the effective date of this ordinance; and does not waive any fee or
penalty due or unpaid on the effective date of this ordinance; and does not affect the
validity of any bond or cash deposit posted, filed, or deposited pursuant to the
requirements of any ordinance.
Section 6. 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.
Balance of Page Intentionally Left Blank
Signature Page to Follow
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Ordinance Earth and Sea/Land Anthority FLUM Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 21 "I: day of Mav , A.D.,
2007.
Mayor Mario Di Gennaro
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Not Present
Yes
YeR
Yes
Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY~~,~~
ayor/ er n
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposal: RE: 00117510-000100 Change Future Land Use District from
Residential Conservation (RC) to Conservation (C) and
RE: 00117510-000200 Change Future Land Use District from
Conservation (C) to Mixed Use/Commercial (MC).
N
A
FLORIDA COUNTY ORDINANCE DATA RETRIEVAL SYSTEM (COORS)
CODING FORM
Instructions: Florida's Department of State, Bureau of Administrative Code has developed the
County Ordinance Data Retrieval System (COORS) to facilitate the tracking of County
ordinances in Florida's 67 Counties. COORS' data base is composed of over 25,000 county
ordinances enacted since 1974.
We request your cooperation in completing this coding form. It is to be completed whenever
your county enacts a new ordinance. Simply complete this form and include it with other
pertinent ordinance information that is submitted to the Bureau of Administrative Code.
To code this form properly, please refer to the "keyfields" description sheet that has been
given to your County Attorney's Office. If you do not have this sheet please contact the
Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form
as completely as is possible.
Thank you for your assistance. Should you need further assistance please contact the Bureau
of Administrative Code, Department of State at (850)245-6270 or Suncom 205-6270.
COUNTY: MONROE
PRIMARY KEYFIELD
DESCRIPTOR: (ZONING CLASSIFICTION)
SECONDARY KEYFIELD
DESCRIPTOR: (BUILDING/DEVELOPMENT)
OTHER KEYFIELD
DESCRIPTOR: (LAND USE PLANNING)
ORDINANCE DESCRIPTION: (AMEND LUD SUGARLAOF KEY (EARTH AND SEA)
(25 characters maximum including spaces)
COUNTY ORDINANCE # 013a- 2007
ORDINANCES AMENDED: (List below the ordinances that are amended by this legislation. If more
than two, list the most recent two.)
AMENDMENT # 1:
AMENDMENT #2:
AMENDMENT #3:
AMENDMENT #4:
AMENDMENT #5:
ORDINANCES REPEALED: (List below the ordinances that are repealed by this legislation.)
REPEAL # 1: (
REPEAL # 2: (
)
)
REPEAL # 3: (
REPEAL # 4: (
)
)
(Others repealed: List all that apply):
(FOR OFFICE USE ONLY):
COUNlY CODE NUMBER: <- _ _ _ _ __)
KEYFIELD 1 CODE: <- _ _ __ _ _ _ _ _ __)
KEYFIELD 3 CODE: (
KEYFIELD 2 CODE: <- _ _ __ _ _ _ _ _ __)
)
Rev. 4{10{01
CHARLIE CRI:ST
Governor
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rLORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 7, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhag(~:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 1,2007 and certified copies of Monroe County Ordinance Nos. 009-2007 through 024-
2007, which were filed in this office on June 4,2007.
Sincerely,
~(]j~f1
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.f1.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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