Ordinance 033-2007
ORDINANCE NO. 033-2007
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
FREDERICK J ZACHARIAS, TRUSTEE TO AMEND THE LAND
USE DISTRICT (ZONING) MAP FROM SUB URBAN COMMERCIAL
(SC) TO URBAN RESIDENTIAL (DR) FOR PROPERTY DESCRIBED
AS TRACT A, CROSS KEY WATERWAYS ESTATES, SECTION
THREE, KEY LARGO, MONROE COUNTY, FLORIDA HAVING THE
REAL ESTATE NUMBER: 00468473.019200. APPROXIMATELY
MILE MARKER 103.
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 Zacharias Frederick J. Trustee to amend the Land Use District (Zoning)
Map from Sub Urban Commercial (SC) to Urban Residential (DR) for the property
described as Tract A, Cross Key Waterways Estates, Section 3, Key Largo, Monroe
County, Florida, having the real estate number 00554420.000000; and
WHEREAS, at its December 19, 2006 meeting in Marathon, the Development
Review Committee reviewed the application and recommended approval of the Land Use
District (Zoning) Map amendment as indicated in the Resolution D24-05; and
WHEREAS, subsequent to the Development Review Committee meeting of
December 19, 2006 after further review of the application, consideration of the facts and
based on new information, staff reconsidered its recommendation and recommended
denial of the application to the Planning Commission as indicated in the Planning
Commission Staff Report dated January 19, 2006; and
WHEREAS, the Planning Commission held a public hearing in Key Largo on
January 25,2006 and based on facts presented at the meeting, the Planning Commission
recommended to approve the Land Use District (Zoning) Map amendment, as indicated
in the Resolution P03-06; and
WHEREAS, the Board of County Commissioners held a public hearing on May
21, 2007 and approved a companion amendment to the Future Land Use Map (FLUM)
for the subject property from Mixed Use Commercial (MC) to Residential High (RH);
and
Page 1 of3
WHEREAS, the Board of County Commissioners examined the following
information:
1. The application of Zacharias Frederick J. Trustee to amend the Future Land Use Map
(FLUM) from Mixed Use Commercial (MC) to Residential High (RR) and the Land
Use District (Zoning) Map from Sub Urban Commercial (SC) to Urban Residential
(DR); and
2. The staff report prepared by Aref Joulani, Acting Director, Plarming and
Environmental Resources and Alex Score, Senior Biologist, dated January 25, 2006;
and
WHEREAS, Board of County Commissioners makes the following Findings of
Fact:
1. 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.
2. In accordance with Section 9.5-511 (d) (5) (b):
(iv.)New issues:
The property has the potential for commercial development under existing zoning that
would permit similar clearing to the proposed residential Land Use District and
FLUM designations, subject to Land Development Regulations. The applicant's
agent stated that the HEI conducted on the property identified the parcel as moderate-
quality hammock. Existing environmental rules will provide protection for the
hammock.
3. The subject property is designated as Tier 3-Special Protection Area (SPA), the
clearing allowance is the same as a designated Tier 3 property under the Tier system.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. 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.
2. The map amendment meets the fifth (v.) criteria outlined in Section 9.5-511 (d) (5)
(b): of the Monroe county Land Development Regulations and will not have
negati ve impact or alter the character of the properties or immediate vicinity.
3. The subject property is designated as Tier 3-Special Protection Area (SPA), the
clearing allowance is the same as a designated Tier 3 property under the Tier system.
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.
Page 2 of3
Section 2. The previously described property, which is currently designated Sub
Urban Commercial (SC) shall be designated Urban Residential (UR) as shown on the
attached map, which is hereby incorporated by reference and attached as Exhibit I.
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 S. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 20th day of June 2007.
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BOARD OF COUNTY COMMISSIONmS
OFMONROEC~~A~~RID~
By ~IJ),:,
Mayor Mario DiGennaro
Mayor Pro Tern Dixie M. Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
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Mayor/Chairperson
L. KOLHAGE, CLERK
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1 Exhibit 1 to Ordinance#
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The Monroe County Land Use District Map is amended
as indicated above.
RE: 00468473-019200 Change Land Use Map Designation from
Suburban Commercial (SC) to Urban Residential (UR)
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O.\(~crY ~o~~~~E
(305) 2944641
BOARD OF COUNTY
COMMISSIONERS
Mayor Mario Oi Gennaro, Distnct 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Sylvia J. Murphy, District 5
Suzanne A. Hutton, County Attorney**
Rohert B. Shillinger, Chief Assistant County Attorney **
Pedro J. Mercado. Assistant County Attorney
Susan \1. Grimsley, Assistant County Attorney **
Natilcene W. Cusscl, Assistant County Attorney
Cynthia l. Hall, Assistant County Attorney
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Office of the County Attorney
PO Box [016
Key West. FL 33041-1026
(305) 2~2-3470 - Phone
(305) 192-3516 - Fax
** Board Ct'rtified in City. County & local Gnvt Law
MEMORANDUM
July 17,2007
TO:
County Commissioners, County Administrator
County Clerk, Growth Management Division Director
FROM:
Suzanne A. Hutton
County Attorney
RE: Zacharias Rt:zoning Request
At tht: Junt: 20, 2007 meeting of the Board of County Commissioners for Monroe County, a public hearing was
hdd on the rezoning requt:st of Frederick J. Zacharias, Trustt:e for a parcel of land in Key Largo with the RE
Number 00468473-019200. Prior to the hearing, 9 signed objections were rect:ived by the County Clerk. Tht:re
was no opportunity at the timt: of the hearing to ascertain whether the persons whose objections were tile qualifit:d
for purposes of triggering the requirement in Monroe County Code Section 9.5-511 (5)c that there bt: a four (4)
membt:r majority vott: if there have been received written objections signed by "the ownt:rs of 20% or more either
of the area of lots or land included in tht: proposed amendment or oftht: lots or land immediately adjoining the
propt:rty to be affected and extending 200 teet therefrom..."
The BOCC voted :I to 2 in favor of the rezoning. Tht: County Attorney advised that due to the filing of written
objections at the time of the ht:aring, tht: objections would have to be verified before it could be detenllined iftht:
vote affccted the rt:zoning, subject to action by the Department of Community Affairs.
It has been detenllined thai oflhe 9 signed objections, Iwo were by the same person, John Wells, and ont:, Barbara
lIdms, did not own property within 200 feet of the area to be rezoned. One of Ihe signed objections was by a
person, Barbara Mead, owning two lots. Also, it should bc notcd that atlt:r the hearing and H)te, faxes were sent to
the County Attorney oflhe objections by Gary Waldrcp and Yvonne Mayo, but those objections were deemcd
untimely tiled and arc not considered here f()f purposes oCthe determination as to \vhether the 4 member majority
vote was required.
lhe Propcrty Appraiscr provided a map and a property listing identifying 41 parcels, of which onc was a portion of
Ihe liS I right-of-way. Assuming thai liS I is to bc included as a parcel Jar purposes of detennining thc number of
landowners required to trigger the 4 memher majority vote, there would have had to he wrillcn, signcd objections
from owners of X.2 parcels.
A similar ordinance was rcviewed by the Florida Supreme Court in Hope v. Gainesville, 355 So.2d II n (F!. 1977,
reh. denied] 978). That ordinance clearly spelled out that publicly owned rights-ol~way are included in the
detennination orthe requisite ft)otage from the parcel to be rezoned. but not in detenninillg the area from which the
20~~o owners must come. The Monroe County Code makes no such distinction. The plain language of our Code
requires the publicly owned rights of way to be included 1<'1r purposes of detennining the t<'>Dtage Irom the parcel
and the land of which the owners must object to trigger the vote requirement.
Therefore, objections would have had to been received Irom owners 01'8.2 "lots or land." ]t is evident Irom Hope,
id.; Rathkop( The Law of Zoning and Planning, ~32.3 (2007), and Anderson, Am. Law of Zoning, ~4.34(2007; that
where a lraction is required over a whole number, the next whole number must be met, as a lower whole number
does not meet the threshold. Accordingly, even including Ms. Mead's 2 lots as providing ownership of 8 parcels,
the threshold was not met for ownership.
Understanding that regardless of the detemlination made herein, there is a high likelihood of challenge Irom either
the objectors or the applicant, I have also analyzed this matter Irom the language of the Standard State Enabling Act
setting forth the 20% criterion. This analysis requires detemlination of the objections coming from owners of 20%
or more of the area oflots or land in the 200 foot radius Irom the subject parcel. The area of publicly owned right-
of-way on US ] is clearly about one-third of the area involved, and each of the other parcels is of a much smaller
size, most in the 5,000 to 10,000 square feet range. The total area encompassed within the 200-foot radius is
approximately 350,000 square feet, while the objectors represent ownership ofless than 50,000 square feet. In
order to meet the threshold under this interpretation, the objectors would have to own approximately 70,000 square
feet.
Accordingly, under either interpretation, the threshold was not met to trigger the 4 member majority vote.
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-]745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 10]
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
August 10, 2007
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 0000 3841 2037
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 033-2007 to consider the request
by Frederick J. Zacharias, Trustee to amend the Land Use District (Zoning) Map from Suburban
Commercial (SC) to Urban Residential (UR) for property described as Tract A, Cross Key
Waterways Estates, Section Three, Key Largo, Monroe County, Florida having the real estate
number: 00468473.019200, approximately mile marker 103.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on June 20, 2007. 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.
CC: Via E-Mail to the following:
Growth Management
County Attorney
HaCC
File.!
U.S. oslal Se vice".
0' IFtJ:O IL", RECEIPT
(Qcjbe Ie I Insurance Coverage Provided)
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1. Article AddreSSed to;
Program Administrator
Administrative COde and Weekly
R.A. Gray BUilding
500 South Bronough Street
Tallahassee, Florida 32399-0250
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2. ArtIcle Number
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PS Form 381' 1, February 2004
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7005 1160 0000 3841 2037
Domestic Return Receipt
CHARLIE CRIST
Govemor
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~LORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
August 16,2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
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Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated August 10, 2007 and certified copy of Monroe County Ordinance No. 033-2007, which was
filed in this offict~ on August 14, 2007.
Sincerely,
~tU~Q
Liz Cloud
Program Administrator
LC/lbh
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.f1.us
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