Ordinance 037-2007
ORDINANCE NO. 037 -2006
AN ORDINANCE BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONONERS APPROVING THE
REQUEST BY LEE ROBERT ROHE, ON BEHALF OF
RUBEN INVESTMENT PROPERTIES, TO AMEND THE
LAND USE DISTRICT MAP FOR THE FOLLOWING
PROPERTIES FROM IMPROVED SUBDIVISION (IS) TO
SUB URBAN COMMERCIAL (SC). THE PROPERTIES
ARE PHYSICALLY LOCATED ON FIRST STREET, BIG
COPPITT KEY AND ARE LEG ALL Y DESCRIBED AS
BLOCK 18, LOT I, JOHNSONVILLE SUBDIVISION, PB 1-
53, BIG COPPITT KEY, MONROE COUNTY, FLORIDA
AND PART GOVERNMENT LOT 3, BIG COPPITT KEY,
MONROE COUNTY, FLORIDA. THE REAL ESTATE
NUMBERS ARE 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 Land Use District (zoning) map designation of the following properties from
Improved Subdivision (IS) to Sub Urban Commercial (SC). The properties are physically
located on First Street, Big Coppitt Key and are legally described as Block 18, Lot I,
Johnsonvill~ Subdivision, PB I-53, Big Coppitt Key, Monroe County, Florida and Part
Govemment 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, Staff reviewed the application and recommended approval to the
Planning Commission as recorded in a staffreport dated March 27,2006; and
WHEREAS, during a regularly scheduled meeting held on March 21, 2006, the
Monroe County Development Review Committee reviewed the application and
recommended approval to the Planning Commission as recorded in DRC Resolution D5-
06; and
WHEREAS, during a regularly scheduled public meeting held on April 12, 2006,
the Monroe County Planning Commission conducted a review and consideration of the
application and recommended approval to the Board of County Commissioners as
recorded in 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 subject properties to current and future land use
designations that correspond with the historic use of the subj ect 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
ofthe 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-201O 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 / Commercial (Me).
9. MCC Section 9.5-206 states that the purpose of the Sub Urban Commercial District
(Se) 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 (Me) 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 enviromnent. 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 (Me),
consistent with the Sub Urban Commercial District (Se).
13. Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan states that
Monroe 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 of Improved 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 (MC), 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 subject 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 Monroe 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 Rnben LUD Map Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 18th day of .July ,A.D., 2007.
Mayor Mario DiGennaro Yes
Mayor Pro Tem 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
~if~
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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-20071
I Exhibit 1 to Ordinance#
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The Monroe County Land Use District Map is amended
as indicated above.
Proposal: RE 00153240-000000 and RE 00121660-000000 - Change
Land Use District Map Designation from Improved Subdivision (IS)
to Suburban Commercial (SC)
N
A
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 COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
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 16, 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 116000003841 2488
Dear Ms. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 035-2007 repealing Sections 9.5-171 through 9.5-174 of the Monroe
County Code concerning Beneficial Use Determinations; providing for new Regulations
concerning Beneficial Use Determinations; providing a forum for relief; providing an application
process; providing for a hearing and recommendation by a Special Master; providing for
forwarding such recommendation to the Board of County Commissioners for a hearing;
providing for standards, burden of proof and forms of relief; providing for codification,
severability and repeal of inconsistent provisions; providing for forwarding of this Ordinance to
the Department of Community Affairs and the Secretary of State; providing for an effective date.
Ordinance No. 036-2007 approving a request by Pine and Palms Trailer Park Association
for a Land Use District Map amendment from Urban Residential Mobile Home-Limited
(URM-L) to Urban Residential Mobile Home (URM) for property legally described as Lots 1-16,
Maloney Subdivision, Pine & Palms Trailer Park, Stock Island, Section 35, Township 67, Range
25, Monroe County, Florida, having real estate numbers: 00126100.000101, 00126100.000102,
00126100.000103,00126100.000104, 00126100.000105, 00126100.000106, 00126100.000107,
00126100.000108, 00126100.000109, 00126100.000110, 00126100.000111, 00126100.000112,
00126100.000113,00126100.000114,00126100.000115, and 00126100.000116.
Ordinance No. 037-2007 approving the request by Lee Robert Rohe, on behalf of Ruben
Investment Properties, to amend the Land Use District Map for the following properties from
Ordinance No. 035-2007 to 038-2007
Improved Subdivision (IS) to Sub Urban Commercial (SC). The properties are physically
located on First Street, Big Coppitt Key and are legally described as Block 18, Lot I,
Johnsonville Subdivision, PB I-53, Big Coppitt Key, Monroe County, Florida and part
Government Lot 3, Big Coppitt Key, Monroe County, Florida. The real estate numbers are
00153240.000000 and 00121660.000000, at approximate mile marker 10.
Ordinance No. 038-2007 providing for a moratorium on the acceptance of development
applications for the redevelopment of mobile home parks within unincorporated Monroe County;
providing for exemptions; providing for vested rights; providing for appeals; providing for
exhaustion of administrative remedies; providing for a commencement date of May 16, 2007 and
an expiration date of November 16, 2007, or when amendments to the mobile home park
redevelopment regulations become effective, whichever comes first; providing for transmittal to
the Department of Community Affairs; providing for severability; and providing for an effective
date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting held in formal session on July 18, 2007. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny 1. Kolhage
Clerk ofthe 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
FLORIDA DEPARTMENT Of STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
August 22, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Momoe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
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
letters dated August 16, 2007 and certified copies of Momoe County Ordinance Nos. 028-2007, 029-
2007,031-2007,032-2007,035-2007,036-2007,037-2007 and 038-2007 which were filed in this office
on August 20,2007.
Sincerely,
If!its ~~~
Liz Cloud
Program Administrator
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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.fl.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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1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R,A, Gray Building
500 South Bronough Street
Tallahassee. Florida 32399-0250
2. Al1icle Number
(Tiansfer from service label)
PS Form 3811 , February 2004
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