Ordinance 015-2007
ORDINANCE NO. 015 -2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST BY LEE ROBERT ROHE,
ON BEHALF OF RUBEN INVESTMENT PROPERTIES, TO AMEND THE
FUTURE LAND USE MAP (FLUM) DESIGNATION OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FOR THE FOLLOWING
PROPERTIES FROM RESIDENTIAL MEDIUM (RM) TO MIXED
USE/COMMERCIAL (Me). THE PROPERTIES ARE PHYSICALLY
LOCATED ON FIRST STREET, BIG COPPITT KEY AND ARE LEGALLY
DESCRIBED AS BLOCK 18, LOT 1, JOHNSONVILLE SUBDIVISION, PB 1-
53, BIG COPPITT KEY, MONROE COUNTY, FLORIDA AND PART
GOVERNMENT LOT 3, BIG COPPITT KEY, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBERS: 00153240.000000 AND
00121660.000000 AT APPROXIMATE MILE MARKER 10).
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 Lee Robert Rohe, on behalf of Ruben Investment Properties, to amend
the Future Land Use Map designation of the following properties from Residential
Medium (RM) to Mixed Use / Commercial (Me). The properties are physically located
on First Street, Big Coppitt Key and are legally described as Block 18, Lot 1,
Johnsonville Subdivision, PB 1-53, Big Coppitt Key, Monroe County, Florida and Part
Governrnent Lot 3, Big Coppitt Key, Monroe County, Florida. The Real Estate numbers
are 00153240.000000 and 00121660.000000, located at approximate Mile Marker 10;
and
WHEREAS, at its March 21, 2006 meeting in Marathon, the Development
Review Committee (DRe) reviewed the application and recommended approval of this
Future Land Use Map amendment as indicated in the DRC Resolution No. D05-06; and
WHEREAS, based on the recommendation of the Development Review
Committee, the staff recommended approval of the application to the Planning
Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on
April 12, 2006 and based on the facts presented at the meeting, the Planning Commission
recommended approval of the request as indicated in PC Resolution No. PI5-06; and
WHEREAS, after further review of the application and consideration of facts,
staff recommended approval to the Board of County Commissioners as indicated in the
Staff Report dated March 27,2006; and
WHEREAS, the Board of County Commissioners further reviewed the
application and made the following Finding of Facts:
1. Monroe County Code (MCC) Section 9.5-511 (d)(5)(b) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six
specified conditions.
2. This map amendment recognizes a need for additional detail and comprehensiveness
in planning (MCC Section 511(d)(5)(b)(v)). The application was initiated by the
applicant in order to rezone the subj ect properties to current and future land use
designations that correspond with the historic use of the subject properties.
3. The pre-1986 zoning of the subject properties was BU-3 (Heavy Business District).
The BU-3 district was intended to provide suitable areas for manufacturing,
processing, storage and distribution of goods and commodities.
4. During the 1986 Comprehensive Plan process, the land use district (zoning) of the
subject properties was changed to Improved Subdivision (IS). The properties were
given the Future Land Use Map (FLUM) designation of Residential Medium (RM) in
1997 when the FLUM was adopted, consistent with the Improved Subdivision
District (IS). The Improved Subdivision (IS) and Residential Medium (RM)
designations are not consistent with the BU-3 designation.
5. MCC Section 9.5-213 states that the purpose of the Improved Subdivision District
(IS) is to accommodate the legally vested residential development rights of owners of
lots in subdivisions that were lawfully established and improved prior to the adoption
of the land development regulations.
6. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the
purpose of the Residential Medium (RM) land use category is to recognize those
portions of subdivisions that were lawfully established and improved prior to the
adoption of the plan. Development on vacant land within this land use category shall
be limited to one residential dwelling unit for each platted lot or parcel which existed
at the time of plan adoption. However, nonresidential uses that were listed as a
permitted use in the land development regulations that were in effect immediately
prior to the institution of the 2010 Comprehensive Plan and that lawfully existed on
such lands on January 4, 1996 may redevelop, reestablish and/or substantially
improve provided that the uses are limited in intensity, floor area, density and to the
type of use that existed on January 4, 1996 or limited to what the pre-2010 land
development regulations allowed, whichever is more restrictive.
7. Pursuant to MCC Sections 9.5-143 and 9.5-242, the existing use oflight industrial is
a lawful, nonconforming use in the Improved Subdivision District.
8. The applicant has applied to have the existing land use district designation amended
from Improved Subdivision (IS) to Sub Urban Commercial (SC) and to have the
future land use map designation amended from Residential Medium (RM) to Mixed
Use I Commercial (MC).
9. MCC Section 9.5-206 states that the purpose of the Sub Urban Commercial District
(SC) 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. This
district should be established at locations convenient and accessible to residential
areas without the use of U.S. Highway 1.
10. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states that the
principal purpose of the Mixed Use/ Commercial (MC) 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. The land use category is
intended to allow for the establishment of mixed use development patterns, where
appropriate.
II. MCC Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing land use designation and proposed land use
designation permit residential uses and are not anticipated to negatively impact the
community character.
12. The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive
Plan shows that most of Johnsonville Subdivision received a FLUM designation of
Residential Medium (RM), consistent with the Improved Subdivision District (IS).
However, neighboring properties to the South of the subject properties along U.S.
Highway I received a FLUM designation of Mixed Use / Commercial (MC),
consistent with the Sub Urban Commercial District (SC).
13. Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan states that
Momoe County shall implement measures to direct future growth away from
environmentally sensitive lands and towards established development areas served by
existing public facilities.
14. The subject properties are within an established development area which is served by
existing public facilities.
WHEREAS, the Board of County Commissioners made the following
Conclusions of Law:
1. The pre-1986 zoning of BU-3 (Heavy Business District) for the subject properties is
not consistent with the current Land Use District ofImproved Subdivision (IS) or the
Future Land Use Map designation of Residential Medium (RM).
2. Based on the historic light industry use of the subject properties, which has been
continuous from 1966 to present, and pursuant to MCC Section 9.5-143, the existing
use of light industrial is a lawful, nonconforming use. By amending the current Land
Use District from Improved Subdivision (IS) to Sub Urban Commercial (SC) and the
Future Land Use Map designation from Residential Medium (RM) to Mixed Use /
Commercial (Me), the historic and existing use of the subject properties will be
brought into compliance with the Land Development Regulations and will no longer
be considered nonconforming. This will increase the redevelopment potential for the
subject property and provide opportunities for improvements to occur.
3. The proposed map amendment meets the fourth (v) criteria outlined in Section
511(d)(5)(b) of the Monroe County Code and will not have a negative impact or alter
the character of the subj ect properties or the immediate vicinity.
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 of the Momoe County Year 2010
Comprehensive Plan shall be amended as shown in on the attached map, 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
Ordinance Ruben FLUM Map Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 21st day of May , A.D., 2007.
Mayor Mario DiGennaro V",g
Mayor Pro Tern Dixie Spehar Yes
Commissioner George Neugent Yes
Commissioner Charles "Sonny" McCoy Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
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Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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The Monroe County Future Land Use Map is amended
as indicated above.
RE 00153240-000000 and RE 00121660-000000 Change
Future Land Use Map Designation from Residential Medium (RM)
to Mixed Use/Commercial (MC)
N
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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 (CODRS) to facilitate the tracking of County
ordinances in Florida's 67 Counties. CODRS' 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 LAND USE FIRST ST BIG COPPITT KEY)
(25 characters maximum including spaces)
COUNTY ORDINANCE # 015- 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):
COUNty CODE NUMBER: <- _ _ _ _ __)
KEYFlElD 1 CODE: L _ _ _ _ _ _ _ _ _ __)
KEYFlELD 3 CODE: (
KEYFlELD 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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