Ordinance 017-1998
BOCC ORDINANCE NO. 017-1998
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COMMISSIONERS RESCINDING ORDINANCE #021-1997
AND APPROVING AN AMENDMENT TO THE OFFICIAL LAND
USE (ZONING) MAP REQUESTED BY CHRISTINA SUTTON,
EMANUEL MICELLI, ROBERT PETRI, AND JOHN & ETHEL
MARSTELLER (CHRISTINA SUTTON AND AMY SLATE,
AGENTS) FROM URBAN RESIDENTIAL (UR) TO SUBURBAN
COMMERCIAL (SC) FOR PROPERTIES DESCRIBED AS PART
OF LOT 1, AND ALL OF LOTS 2 AND 3, BAYWOOD
SUBDIVISION, SECTION 11, TOWNSHIP 61 SOUTH, RANGE
39 EAST, TALLAHASSEE MERIDIAN, KEY LARGO, MONROE
COUNTY, FLORIDA, MILE MARKER 104. THE REAL
ESTATE NUMBERS ARE 00439590, 00439600,
00439600-000100, AND 00439610.
WHEREAS, Section 9.5-511(c), Monroe County Code of
Ordinances (Code) . provides that the land development
regulations (Chapter 9.5 of the Code), including the land use
district (zoning) map may be amended or changed at any time; and
WHEREAS, the Board
28, 1986, designated the
Residential (UR); and
of County Commissioner, on
above-described property
February
as Urban
WHEREAS, the applicant had originally requested a map
amendment for the above-described property to change its zoning
from Urban Residential (UR) to Recreational Vehicle (RV); and
WHEREAS, the Monroe County Planning Commission, after due
notice' and public participation in the hearing process,
recommended denial of the request to rezone the subj ect parcels
to Recreational Vehicle (RV) (See PC Resolution #55-1~)6 a~
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WHEREAS, the Monroe County Board of Commissi~ ,~fF;fr
due notice and public participation in the hear~~p~c~,
reviewed the original proposal on November 21, 1995~ff r~a~d
the issue to the Planning Commission for it to con~~ Subu~an
Commercial (SC) as a possible zoning designati~E1s~ ~CC
Resolution #458-1995); and ..,,;-t~ ~ ~
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WHEREAS, the Monroe County Planning Commissfon, a:lllte~due
notice and public participation in the hearing process,
recommended approval of the rezoning of the subject parcels to
Suburban Commercial (SC) (See PC Resolution #28-1995); and
WHEREAS, the Monroe County Board of Commissioners, during
a public hearing held on May 20, 1997, adopted Ordinance
#021-1997 approving the rezoning from Urban Residential to
Suburan Commercial, which was based on a recommendation for
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SUTTON. 34/TXTAMAP/#M94071
Initials-d-
approval from
Commi's s i on; and
the
Planning
Department
and
the
Planning
WHEREAS, it has been determined that Ordinance #007-1997
is not in compliance with Florida Statutes because it was adopted
before the necessary Future Land Use Map amendment was adopted;
and
WHEREAS, the Monroe County Board of County Commissioners,
during a public hearing held on April 8, 1998, conducted a review
and consideration of a map amendment request filed by Jean
Lopresti and Anegla Reynolds to change the land use district
designation for the above-described properties from Suburban
Residential (SR) to Improved Subdivision (IS); and
WHEREAS, the Monroe County Board of Commissioners hereby
makes the following FINDINGS OF FACT:
1. Existing uses on the subj ect properties include transient
rental units, owner-occupied dwelling units, and signage that,
when combined, constitute a "hotel" as defined by Section
9.5-4(H-7), Monroe County Code (MCC) and are therefore, not
permitted in the Urban Residential zoning district according to
Section 9.5-233, MCC.
2. The subject properties are situated between properties with
similar hotel uses, whose zoning was changed to RV (a commercial
zoning) and between Moon Bay Condominiums, which contain over 80
units and are zoned Urban Residential. All of these properties
area located at approximately mile marker 104, which is a
divided, four-Ianed segment of U.S. 1.
3. The subject properties are considered "disturbed" on habitat
maps and were determined to be "scarified" by a site visit
performed by the Environmental Resources Department.
4. Development potential in the proposed designation is limited
and managed by the following policies in the 2010 Comprehensive
Plan and in the current Land Development Regulations:
(a) Policy 101.8.1 prohibits the expansion of non-conforming
uses. (Lot 2 is non-conforming due to density.)
(b) policies 101.5.1 and 101.5.3 require that Monroe County adopt
a system that will limit the amount of new non-residential
development.
(c) Policy 101.2.6 prohibits new transient rental units,
including hotels, for 5 years from the effective date of the plan.
(d) Section 9.5-235, Monroe County Code, states that hotels in
the Suburban Commercial zoning district shall be approved through
the conditional use process.
(5) According to Policy 101.4.5, the Mixed Use/Commercial FLUM
designation is to provide areas for various types of commercial
and office uses, consistent with the community character, as well
as various types of residential and nonresidential uses.
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SUTTON. 34/TXTAMAP/#M94 071
Initials~
(6) Chapter 163, Florida Statutes, requires that zoning maps be
consi'stent with the 2010 Comprehensive Plan, including its Future
Land Use Map. The Mixed Use/Commercial FLUM category corresponds
with the Suburban Commercial zoning.
(7) Objective 101.8 of the 2010 Comprehensive Plan requires that
Monroe County reduce the number of uses that are not consitent
with the FLUM or zoning map.
(8) According to Objective
measures to direct future
sensitive lands and towards
by existing facilities.
101.11, Monroe County shall implement
growth away from environmentally
established development areas served
(9) Adequate public facilities exist to accommodate the existing
and potential future uses on the subject properties.
WHEREAS, the Board of County Commissioners hereby adopts
the following CONCLUSIONS OF LAW:
1. Pursuant to Section 9.5-511, Monroe County Code, a new issue
and a need for additional comprehensiveness exist that warrant
the proposed rezoning in that the surrounding land uses have been
amended to commercial designations in order to accommodate
existing uses that are similar to those found on the subj ect
properties, which would otherwise be non-conforming. (Findings of
Fact 1 & 2)
2. The proposed rezoning is consistent with the overall
objectives of the 2010 Comprehensive Plan and with those that
guide .future commercial development of the Keys. Also, the
subject properties have characteristics including use as a hotel,
proximity to similar commercial uses, adjacency t U.S. land
scarified habitat condition making a commercial designation
appropriate. (Findings of Fact 2 - 9)
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; and therefore
Section 2. The previously
designated Urban Residential
which is hereby incorporated
1.
described properties are currently
(UR) , as shown on the attached map,
by reference and attached as exhibit
Section 3. The Baywood Subdivision, part of Lot 1 and all of
Lots 2 & 3 shall now be designated as Suburban Commercial (SC).
Section 4. The Official Land Use District Map shall be
amended, changing the zoning designations for the properties as
delineated in Section 3 above.
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SUTTON. 34/TXTAMAP/#M94071
Initials cJ1
Section 5. If any section, subsection,
change or provision of this ordinance
remainder of this ordinance shall not
invalidity.
sentence, clause, item,
is held invalid, the
be affected by such
Section 6. This ordinance shall be transmitted to the state
land planning agency for approval or disapproval pursuant to
Section 380.0552(9), Florida Statutes.
Section 7. This ordinance shall
Secretary of State of the State
deemed effective until approved
agency.
be filed in the Office of the
of Florida, but shall not be
by the state land planning
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 8th day of April, A. D., 1998.
Mayor London
Mayor Pro Tern Harvey
Commissioner Douglass
Commissioner Freeman
Commissioner Reich
yes
YES
yes
yes
y." p.
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BY
TX COMMISSIONERS
UNTY ~.
Mayor/Chairman
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(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
'B'T~~~OM. ~
BY
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SUTTON. 34/TXTAMAP/#M94 071
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Proposal: From UR to SC
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1 "=400'
Property Description: Baywood, Key Largo, lots 1,2&3, See. 11,
Twn. 61 S, Rge 39 E.
Applicant Name: Sutton
Map #: 107 & III File Number :M94071/F96002
1Jaannp I. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
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
April 27, 1998
CER'I'DDD MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of the following Monroe County Ordinances:
Ordinance 011-1998 Rescinding Ordinance 025-1997 and Adopting an amendment
to the Official Land Use District (Zoning) Map requested by David Ethridge
for a change from Maritime Industries (MI) to Urban Residential (UR) for
property described as Part of Government Lot 2, in Section 9, Township 66
South, Range 32 East, Tallahassee Meridian, located at 2111 Overseas
Highway, Marathon, Vaca Key, Monroe County, Florida, Mile Marker 48.
The Real Estate No. is 00102520.
Ordinance 012-1998 Rescinding Ordinance 010-1997 and Approvingthe request
nIed by Carolyn V oit to amend the Official Land Use District (Zoning) Map
from Suburban Residential (SR) to Suburban Commercial (SC) for property
located at Mile Marker 49 and further described as a portion of Sombrero
Properties, Boot Key Parcels 10 and lOA, bordering on Boot Key Harbor,
Section 10, Township 66 South, Range 32 East, Vaca Key, Monroe County,
Florida, with Real Estate Identification No. 0355430-000000.
Mrs. Liz Cloud
.
April 27, 1998
Page 2
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Ordinance 013-1998 Rescinding Ordinance 026-1997 and Adopting an
Amendment to the Official Land Use (Zoning) Map requested by George and Gay
Neth for a change from Improved Subdivision (IS) to Suburban Commercial (SC)
for property located at 6350 Overseas Highway and described as Lots 1 and 2,
Block 2 of Casa Blanca Subdivision, Section 11, Township 66 South, Range 32
East, Tallahassee Meridian, Vaca Key, Monroe County, Florida, Mile Marker
50.4. The Real Estate No. is 336380.
Ordinance 014-1998 Rescinding Ordinance 011-1997 and Approvingthe request
rued by the Monroe County Planning Department to amend the Official Land
Use Maps to change the zoning from Improved Subdivision (IS) to Improved
Subdivision-Duplex (IS-D) Cor property described as Lots 1-13, Key Colony
Subdivision #1; all of Lots 3-7,9-12,19,23-42, Key Colony Subdivision #2;
all of Lots 7-9, Block 2; all of Lots 2-6 and 9-11, Block 3; Lot 3, Block 4;
all oC Lots 1-6, Block 5, Key Colony Subdivision #4, Section 6, Township 66
South, Range 33 East, Tallahassee Meridian, Key Vaca, Monroe County, Florida,
Mile Marker 53.5. The Real Estate Identification Numbers are: 0033670 through
00333790,00334070 through 00334110,00334130 through 00334160,00334230,
00334230-000100,00334340,00334270 through 00334340, 00334360 through
00334460,00335070 through 00335100,00335130,00335140,00335 140-000100,
00335150,00335160,00335170,00335200,00335210,00335220,00335260, and
00335300 through 00335350.
Ordinance 015-1998 Rescinding Ordinance 006-1997 and Approvingthe request
fIled by Monroe County Planning Department to change the Official Land Use
District (Zoning) Map from Suburban Residential (SR) to Improved Subdivision
(IS) Cor property described as Block 4, Lots 1-6 and Block 5, Lots 1-6 and 10,
Harbor Shores Subdivision located at Mile Marker 99 in Section 32, Township 61
South, Range 39 East and having the Real Estate Identification Numbers
00522000,00522010,00522020,00522030,00522040,00522050,00522060,
00522070,00522080,00522090,00522100, 00522110, and 00522150.
Ordinance 016-1998 Rescinding Ordinance 007-1997 and Approvingthe request
fIled by Jean Lopresti and Angela Reynolds to amend the Official Land Use
District (Zoning) Map from Suburban Residential (SR) to Improved Subdivision
(IS) Cor property located at Mile Marker 99.5 and further described as Block 5,
Lots 1 and 2, Block 14, Lots 1 and 2, Key Largo Ocean Shores Addition, Section
32, Township 61 South, Range 39 East, with Real Est.ate Identification Numbers
00498820,00498830,00500670 and 00500680. These properties lie in Section 32,
Township 61 South, Range 39 East.
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Mrs. Liz Cloud
April 27, 1998
Page 3
"
Ordinance 017-1998 Rescinding Ordinance 021-1997 and Approvingan
amendment to the Official Land Use (Zoning) Map requested by Christina
Sutton, Emanuel Micelli, Robert Petri, and John and Ethel Marsteller (Christina
Sutton and Amy Slate, Agents) from Urban Residential (UR) to Suburban
Commercial (SC) for properties described as Part of Lot 1, and all of Lots
2 and 3, Baywood Subdivision, Section 11, Township 61 South, Range 39 East,
Tallahassee Meridian, Key Largo, Monroe County, Florida, Mile Marker 104.
The Real Estate Numbers are 00439590,00439600,00439600-000100 and
00439610.
Ordinance 018-1998 amending Monroe County Code, Section 6-31, stating that
permits are not required for certain removal of exotic invasive vegetation, for the
demolition of certain structures, for certain new construction, and certain home
improvements; providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at
a Regular Meeting, in formal session, on April 8, 1998.
..
Please me for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
fJoard of County Commissioners
By: Ruth Ann Jantzen
Enclosure
~
Duty C rk
cc; County Attorney Property Appraiser
Growth Management Director File
Municipal Code Corporation, Ord. 018-1998 only.
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Sent to
MRS. LIZ CLOUD
Street&Number FL.DEPT. OF STATE
rf( RD.Oll-THRU 018-1998)
DIVISIONSOF flORIDA DEPARTMENT OF STATE
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Di\i,j,," llr Lj'""Il,jllf' FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
Mf,MBER OFTHE FLORIDA CABINET
HishlriC Florida Kl'YS I'rl'Sl'fVilti'Hl B'),lrd
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April 30, 1998
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Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
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Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated April 27, 1998, and certified copy each of Monroe County Ordinance Nos.
98-11,98-12,98-13,98-14,98-15,98-16,98-17, and 98-18, which were filed in this
office on April 29, 1998.
Sincerely,
~4; U<<J~( ~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 32399-0250 . (904) 488-8427
FAX: (904) 488-7869 · WWW Address http://www.dos.state.fl.us . E-Mail: elccticm@l1Ioil.dos.stotc.j1.lIS
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ORDINANCE NO. 016-1998
(Rescinds Ordinance No. 007-1997)
APPLICANT: IJean Lopresti & Angela Reynolds
PROPERTY DESCRIPTION: See Attached Ordinance
CHANGE FROM: Suburban Residential (SR) to Improved Subdivision (IS)
ADOPTED BY BOCC: 4/8/98
DCA FINAL ORDER: Approved Ordinance on 6/12/98
PUBLISHED IN F.A.W.: 6/26/98
EFFECTIVE DATE: 7/17/98
ORDINANCE NO. 017-1998 (Rescinds Ordinance No. 021-1997)
APPLICANT: Sutton, Micelli, Petri & Marstellar
PROPERTY DESCRIPTION: See Attached Ordinance
CHANGE FROM: Urban Residential (UR) to Suburban Commercial (SC)
ADOPTED BY BOCC: 4/8/98
DCA FINAL ORDER:
PUBLISHED IN F.A.W.:
EFFECTIVE DATE:
Approved Ordinance on 6/12/98
6/26/98
7/17/98
If you have any questions, please do not hesitate to give me a call.
fir
Attachments (DCA Final Order and seven (7) Ordinances)
Cc: Robert L. Hennan, Director of Growth Management
Timothy J. McGarry, Director of Planning
Don Horton, Sr. Director/Building Official
Patti Hennan, Assistant Building Official
Antonia Gerli, Development Review Coordinator
Kim Ogren, Comprehensive Plan Manager
Ed Koconis, Senior Planner
3