Ordinance 016-2001
ORDINANCE # 016 -2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
TO CHANGE THE LAND USE DISTRICT (ZONING) MAP FROM
URBAN RESIDENTIAL MOBILE HOME (URM) TO SUB URBAN
COMMERCIAL (SC) FOR PROPERTY DESCRIBED AS LOTS 11, 12,
AND 30, BLOCK 2, MANDALA Y SUBDIVISION, KEY LARGO,
SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST, MONROE
COUNTY, FLORIDA, AT APPROXIMATELY MILE MARKER 97,
AND HAVING THE REAL ESTATE NUMBERS 00554460.000000
AND 00554420.000000
WHEREAS, the Board of County Commissioners, in September of 1986, adopted the
Monroe County Land Use Maps, and therefore, designated the above-described properties to their
current designations on the Land Use Map; and
WHEREAS, the Board of County Commissioners, during a regular meeting held on May
17,2000, conducted a review of a request for a Land Use Map amendment to the Monroe County
Land Development Regulations filed by the Planning Department to change the land use
designation as described above; and
WHEREAS, the Planning and Environmental Resources Department as well as the
Development Review Committee and Planning Commission have recommended approval of the
request; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. Section 9,5-511 of the Monroe County Land Development Regulations specifies that the
Board of County Commissioners may consider a land use change if at least one of six
criteria is met. Section 9.5-511 also prohibits a change which negatively impacts
community character. Objective 101.4 of the Comprehensive Plan requires that the county
regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger,
and Chester and La Joyce Bennett, which are bounded by other commercial uses.
3. The properties in question are composed of Lots 11, 12, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Urban Residential Mobile Home (URM) on the Land Use
District (zoning) Map.
Draft Zoning Ordinance #M99146
page 1 of 4
Initials
5. This proposed map amendment seeks to change the current designations to a zomng
designation of Sub Urban Commercial (SC).
6. The Planning Department contends that this map amendment is needed based upon the need
for greater detail or comprehensiveness when considering the zoning of properties in Block
2 of the Mandalay Subdivision.
7. All of the properties within Block 2 ofthe Mandalay Subdivision were zoned BU-2 prior to
the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive
Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25, 28,
and 31-34 applied for a Boundary Determination which requested that the zoning be
changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the
historically commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change
request made by the owners of Lots 1-10, 13-25, 28, and 31-34, and changed the zoning of
these properties from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (11, 12,26,27,
29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties have
remained under the Urban Residential Mobile Home zoning designation since adoption of
the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25, 28, and 31-34
have retained the Sub Urban Commercial zoning designation, while Lots 11, 12,26,27,29,
and 30 have kept their Urban Residential Mobile Home designation.
12. The exclusion of the six lots (11, 12,26,27,29, and 30) from the 1990 map change created
three spot zones of Urban Residential Mobile Home-designated land surrounded by land
zoned Sub Urban Commercial.
13. In 1999, the property owners of Lots 11, 12,27, & 30 requested that their Urban Residential
Mobile Home designation also be changed to Sub Urban Commercial so as justify their
current or proposed uses of these four properties. At the February 22, 2001 Board of County
Commissioners meeting, Mr. Gerald Harrington, who purchased Lot 27 on November 24,
2000 requested that Lot 27 not be included in this map amendment.
14. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 map changes, as well as a
way to address the spot zones created by the 1990 map change.
15. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however, these property owners
Draft Zoning Ordinance #M99146
page 2 of 4
Initials
chose not to participate in favor of retaining their current Residential High and Urban
Residential Mobile Home designations.
16. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities; and
Law:
WHEREAS, the Board of County Commissioners makes the following Conclusions of
1. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Monroe County Land Development Regulations,
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 101.4.
3. Approving the proposed map amendment will address problematic spot zones created by the
previous 1990 map change;
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 previously described properties shall be designated described above and as
shown on the attached map, which is hereby incorporated by reference and attached as
Attachment 1.
Section 3. The Land Use District Map (zoning map) of the Monroe County Year 2010
Comprehensive Plan shall be amended as delineated in Section 2 above,
Section 4. The Monroe County staff is given authority to submit this ordinance and
supporting documents to the Florida Department of Community affairs for consistency
reVIew.
Section 5. 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 6. This ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 380, 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 notice is issued by the Florida Department of
Community Affairs or Administration Commission approving the amendment pursuant to
Chapter 380, Florida Statutes,
Draft Zoning Ordinance #M99146
page 3 of 4
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 22nd of March , 2001.
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
~Q. Qu)6~
DEPUTY CLERK
Mayor George Neugent yes
Mayor Pro Tern Nora Williams yes
Commissioner Charles "Sonny" McCoy yes
Commissioner Murray Nelson yes
Commissioner Dixie Spehar yes
BOARD OF COUNTY COMMISSIONERS
?~OE COUNTY, F DA. d-
~2 ,e ~~/~
.~ yor Neugent (J
BY
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Draft Zoning Ordinance #M99146
page 4 of 4
Initials
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The Monroe County Land Use Map is Proposed to be 1(
amended as indicated above and briefly described as: Chanae
zonina from URM to SC for Block 2 lots 11 & 12 RE# 554460 and Block 2. Lot 30 RE#
554420 of Mandalav Subdivision I Kev Larao, Mile Marker 97.7-I.
Pursuant to:
Effective Date:
Director of Planning and Environmental Resources Date
Amendment#: M99146 Sheet #: 139
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Key: Ke
MM: 97
Proposal: FROM Urban Residential Mobile Home (URM)
TO Suburban Commercial (SC)
Property Description: Mandalay Subdivision Block 2, Lots 11 & 12,
RE#554460, Block 2, Lot 30, RE#554420
Applicant Name: Kawalski Bennett
Map #: 139 File Number M99146
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1Jaannp 1.. i{olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
lEL. (305) 289-6027
FAX (305) 289-1745
April 4, 2001
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S. Monroe Street
Tallahassee, FL 32399-0250
Via Certified Mail 7099340000059118 7159
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance Number 012-2001 amending Section 6-66(7) Monroe County Code, in order to
include in the prohibited actions mismanagement or misconduct which causes financial harm to
another contractor. .
Ordinance Number 013-2001 creating Sec. 2.1-5, Monroe County Code, providing for
definitions; providing that the possession of or consumption from open containers of alcoholic
beverages while upon public or semi-public areas open for vehicular travel, commercial
establishment parking lots, or property owned by or under lease to the County is prohibited.
Ordinance Number 014-2001 amending Section 8-30(B), Monroe County Code; requiring
platted lots within residential subdivisions to be mowed every three months except for lots
acquired by public agencies for resource and conservation purposes and lots within a subdivision
with a land management plan approved by the County.
Ordinance Number 015-2001 Ordinance approving the request by the Planning and
Environmental Resources Department to change the Future Land Use Map of the Monroe County
Year 2010 Comprehensive Plan from Residential High (RH) to Mixed Use/Commercial (MC) for
property described as Lots 11, 12, and 30, Block 2, Mandalay Subdivision, Key Largo, Section
06, Township 62 South, Range 39 East, Monroe County, Florida, at approximately mile marker
97, and having the real estate numbers 00554460.000000 and 00554420.000000.
Bureau of Administrative Code & Laws
Apri14,2001
Page 2
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Ordinance Number 016-2001 Ordinance approving the request by the Planning and
Environmental Resources Department to change the Land Use District (Zoning) Map from Urban
Residential Mobile Home (URM) to Sub Urban Commercial (SC) for property described as Lots
11, 12, and 30, Block 2, Mandalay Subdivision, Key Largo, Section 06, Township 62 South,
Range 39 East, Monroe County, Florida, at approximately mile marker 97, and having the real
estate numbers 00554460.000000 and 00554420.000000.
These Ordinances were adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on March 21, 2001. Please file for record.
Danny L. Kolhage
Clerk of Circuit Court and
ex-officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis
JLa.LJ..c ~~
Deputy Clerk
Cc: Board of County Commissioners
County Administrator wlo documents
Growth Management
younty 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 Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERV A nON BOARDS
Historic Horida Keys Preservation Board
Historic Palm Beach COWlty Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RING LING MUSEUM OF ART
FWRIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
April 10, 2001
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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 April 4, 2001 and certified copies of Monroe County
Ordinance Nos. 012-2001 through 016-2001, which were filed in this office on
April 9, 2001.
Sincerely,
u~e~
Bureau of Administrative Code
LC/mp
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 · (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us · E-Mail: election@mail.dos.state.fl.us
DCA Final Order No. DCAOI-OR-134
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 016-2001
":-)
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to 99 380.05(6) and (11), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2000), approving
Monroe County Ordinance No. 016-2001 as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On July 13,2001, the Department received for review Monroe County Ordinance No.
016-2001 which was adopted by the Monroe County Board of County Commissioners on
February 22,2001 ("Ord. 016-2001 "), Ord. 016-2001 approves an application to amend the
Land Use District Map from Urban Residential Mobile Home (URMH) to Suburban Commercial
(SC) for property described as Lots 11, 12 and 30, Block 2, Mandalay Subdivision, Key Largo,
located in Section 6, Township 62 South, Range 38 East, at approximately Mile Marker 97.
3. Ord. 016-2001 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
DCA Final Order No. DCAOI-OR-134
State Concern. ~~ 380.05(6) and (11), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2000).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (2000) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. ~ 380.031 (8), Fla. Stat. (2000). The regulations
adopted by Ord. 016-2001 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles"). ~ 380.0552(7), Fla. Stat.; see Rathkamp v. Department of Community Affairs, 21
F.A.L.R. 1902 (Dee, 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are
construed as a whole and no specific provision is construed or applied in isolation from the other
provisions. ~ 380.0552(7), Fla. Stat. (2000).
8. Ord. 016-2001 promotes and furthers the following Principles, ~380.0552(7), Fla.
Stat. (2000):
(a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
the continuation of the area of critical state concern designation.
(d) To ensure the maximum well-being of the Florida Keys and its citizens
through sound economic development.
9. Ord. 016-2001 is not inconsistent with the remaining Principles. Ord. 016-2001 is
consistent with the Principles for Guiding Development as a whole.
2
DCA Final Order No. DCAOI-OR-134
WHEREFORE, IT IS ORDERED that Ord. 016-2001 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
d~/ /f-
CARl ROTH, ACTING DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATNE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATNE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRA TNE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATNE CODE. IN AN
INFORMAL ADMINISTRATNE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENT ATNE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
3
DCA Final Order No. DCA01-0R-134
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201 (2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
4
DCA Final Order No. DCA01-0R-134
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original ofthe foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that tru~ correct cop. shave een furnished to
the persons listed below by the method indicated this t<flayof ,2001.
By U.S. Mail:
t
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagencv Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee
5