Ordinance 018-1999
FilED FOR RECORD
99 HAY -5 PH 2: 59
018
Ordinance No. -1999
OA0i[,iY l... h!J~GQRDINANCE BY THE MONROE COUNTY BOARD OF
MON~6'fcgmiT~<f)l.WTY COMMISSIONERS APPROVING A REQUEST BY
PROPERTY OWNERS TO CHANGE THE OFFICIAL LAND
USE DISTRICT MAP (ZONING) FROM IMPROVED
SUBDIVISON (IS) TO SUBURBAN RESIDENTIAL LIMITED
(SR-L) FOR PROPERTIES DESCRIBED AS LOTS 1,2,3, 7, 8,
9 AND 10 DORN'S SUBDIVISION AND A PORTION OF
GOVERNMENT LOT 2, BIG TORCH KEY, LOCATED IN
SECTION 19, TOWNSHIP 66 SOUTH, RANGE 29 EAST,
MONROE COUNTY, FLORIDA, AT APPROXIMATELY MILE
MARKER 26, AND HAVING THE FOLLOWING REAL
ESTATE NUMBERS: 243650, 243660, 243670, 243720, 243730,
243740, 243750 and 112900.
WHEREAS, the Board of County Commissioners, on April 15, 1993, adopted the
Monroe County Year 2010 Comprehensive Plan, and therefore, designated the above-described
property as Residential Medium (RM) on the Future Land Use Map (FLUM); and
WHEREAS, the Department of Community Affairs (DCA), stated in its Florida Keys
Area of Critical State Concern (F AC) Rule 28-20.100 effective January 2, 1996 that the County
should "designate RM districts in Dorn's Subdivision to [Residential Low] RL;" and
WHEREAS, during a regular meeting held on April 14, 1999, the Monroe County Board
of County Commissioners conducted a review and consideration of the request filed by property
owners to amend the zoning maps from Improved Subdivision (IS) to Suburban Residential
Limited (SR-L) so that their properties will be consistent with the RL FLUM designation; and
WHEREAS, the application for a zoning map amendment was submitted by Alexis
Colicchio who is the property agent for Steve and Kathleen Anderson, Henry and Joan Fretz,
Jonathan Kool, and Clive and Susannah Stokes; and
WHEREAS, the properties described as Lots 1,2,3, 7, 8, 9 and 10 of Dorn's
Subdivision and part of Government Lot 2, Big Torch Key, located in Section 19, Township 66
South, Range 29 East, Monroe County, Florida; and
WHEREAS, the Development Review Committee, Planning Commission and staff
support and recommend approval ofthis zoning map amendment from (IS) to (SR-L) as
indicated in resolutions #D39-98 and #P2-99.
BOCC Ordinance No.
page 10f4
Initials
WHEREAS, the Monroe County Board of County Commissioners has made the
following FINDINGS OF FACT:
1. Section 9.5-511 of the Monroe County Code 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 County designated Dorn's Subdivision as Residential Medium (RM) on its April 15,
1993 Future Land Use Maps.
3. The Department of Community Affairs (DCA), stated in its Florida Keys Area of Critical
State Concern (F AC) Rule 28-20.100 effective January 2, 1996 that the County should
"designate RM districts in Dorn's Subdivision to [Residential Low] RL;" and
4. The applicant properties are currently zoned Improved Subdivision (IS) which makes the
zoning for these properties inconsistent with their RL FLUM designation.
5. The applicant properties and the rest of Dorn's Subdivision need to be rezoned to be
consistent within the Monroe County Year 2010 Comprehensive Plan and its Future Land
Use Maps which designates the area RL.
6. There are currently homes on four ofthe eight applicant properties. Lots 1 (and a portion
of Government Lot 2), 2, 3 and 7 contain single family homes. The rest of the properties,
Lots 8, 9 and 10 are vacant and vegetated primarily with native plant species.
7. The applicants have requested to change their zoning from Improved Subdivision (IS) to
Suburban Residential Limited (SR-L) so that their current zoning will be consistent with
the area's Future Land Use Mapping (FLUM) designation.
8. The densities associated with SR-L are compatible with those allowed by RL, and are in
character with those which exist in the vicinity of the subject properties.
9. Pursuant to Policies 101.4.2, 101.43 and 101.4.21, SR-L is consistent with the RL FLUM
designation, while IS is not.
10. While rezoning the properties to SR-L would not change the likely development potential
of the subject properties, it may create opportunities to utilize TDRs for those vacant lots
that are less than 2 acres in size.
BOCC Ordinance No.
page 2 of 4
Initials
,
11. Vacation rentals are allowed in SR-L districts provided that vacation rental permits are
obtained for this use. Determining if one or more of the subject properties will be able to
function as a vacation rental will be subject to a separate vacation rental permit review
process for each applicant property.
12. The Planning Department intends to rezone the rest of Dorn's Subdivision when it is able
to rezone all of those properties in the County that have inconsistencies between their
FLUM categories and zoning designations.
13. The proposed land use change is not expected to have an adverse effect on potable water
withdrawals, level of service, stormwater runoff, or the generation of wastewater.
WHEREAS,the Board of County Commissioners made the following CONCLUSIONS
OF LAW based on the evidence presented:
1. The properties and the rest of Dorn's Subdivision are not currently zoned appropriately
and need to be rezoned to be consistent within the Monroe County Year 2010
Comprehensive Plan and its Future Land Use Maps which designates the are Residential
Low.
2. Given the development that already exists on the applicant properties and the rest of
Dorn's Subdivision, SR-L is the zoning district that most directly corresponds with the
current conditions.
3. The request makes the zoning map consistent with the Comprehensive Plan and the
FLUM, especially the FLUM, Goal 102 and Objectives 101.4 and 101.11.
4. The Planning Department intends to rezone the rest of Dorn's Subdivision from IS to SR-
L when it rezones all of those properties in the County that have inconsistencies between
their FLUM categories and zoning designations.
5. The minimal changes to the developmental potential of these sites will not adversely
impact on community character, natural resources or public facilities.
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.
BOCC Ordinance No. page 3 of 4 Initials
Section 2.
The previously described properties, which are currently zoned Improved
Subdivision (IS), shall be zoned Suburban Residential Limited (SR-L) as shown
on the attached map, which is 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.
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 ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Momoe
County, Florida, at a regular meeting held on the 14th of Apri 11999.
Mayor Harvey
Commissioner Freeman
Commissioner Neugent
Commissioner Williams
Commissioner Reich
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONS
OF MONROE COUNTY, FLORIDA
(&..;.. ''Ii\-::.~.......~ c:l\" ,. .~.
BY..:. -P _l~
,,'
Mayor, Chair
(SEAij
AnESll DANNY L KOt..HAGE~
~~c...a..; ~
C:>tTrv CLERK .
BY ./
BOCC Ordinance No.
page 4 of 4
Initials
~
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
13118 \
)--
2419 I
I
I
I
I
.fI""! ,itt)):tMtIt)
,.
,.
,.
,.
,.
,.
~-----------------~~--------------,-
,
,
I
I
I
I
I
/
I
,.
,.
,.
{ffr~::~}~ifllt
~~rr~ttt~~ttt~~t~
. .
. . .
IS
. . .
.
.
.
.
I
I
1
1
1
1
1
1
1
1
1
1
1
1
1
1
~---------______J'
I......
......
......
......
.....
......
....
....
....
....
....
....
....
....
.....
.....
.....
......
....
....~
N
1
Key:Big Torch
MM: 26
Proposal: from IS to SR-L
1 "=400' I
Property Description:DOrn's Subd.,S19,T66,R29, Lots 1,2,3,7,8
9,10 & pt gov't it 2-RE 1129 RE24365 24366 24367 2
Applicant Name:Stokes,Fretz,Anderson Kool 24374,24375
Map # :397 File Number :M98127
exhibit 1
pOUNTy k�.
be**::C1UQ`OGS",
t i` .4 Q
FcbUNr4.*%::
riannp .. 1otfjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 • TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
May 5, 1999
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 018-
199 approving the request by property owners to change the
Official Land Use District Map (Zoning) from Improved Subdivision
(IS) to Suburban Residential Limited (SR-L) for properties
described as Lots 1, 2, 3, 7, 8, 9 and 10 Dorn's Subdivision and
a portion of Government Lot 2, Big Torch Key, located in Section
19, Township 66 South, Range 29 East, Monroe County, Florida, at
approximately mile marker 26, and having the following real
estate numbers: 243650, 243660, 243670, 243720, 243730, 243740,
243750 and 112900.
This Ordinance was adopted by the Monroe County Board of
County Commissioners at a Regular Meeting in formal session on
April 14, 1999. 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
c. O)0« >
Deputy Clerk
cc: Board of County Commissioners
Growth Management Director
County Administrator
,4ile
DIVISIONS OF FLORIDA DEPARTMENT OF STATE HISTORIC PRESERVATION BOARDS
Office of the Secretary
{ .,{ Historic Florida Keys Preservation Board
Division of Administrative Services Historic Palm Beach CountyPreservation Board
Division of Corporations � Y
Division of Cultural Affairs « , Historic Pensacola Preservation Board
Division of Elections • R Ali r 47;:' , fii Historic St.Augustine Preservation Board
Division of Historical Resources � � �►�� " Historic Tallahassee Preservation Board
Division of Library and Information Services Cy ° % Historic Tampa/Hillsborough County
Division of Licensing Coo pi' Preservation Board
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE BINGEING MUSEUM OF ART
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
May 12, 1999
- _ ;=- Honorabl an L.X.olhage--_ ---- -
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West,Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
letters dated May 5, 1999 and May 7, 1999 and certified copies of Monroe County
Ordinance Nos. 017-1999 and 018-1999, which were filed in this office on May 12,
1999.
Sincerely,
eitalAszQ
Liz Clouyir
ief
Bureau of Administrative Code
LC/lc
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@maiLdos.statefl.us
Z 490 496 665
(
\
$
c:i
~ TOTAL Postage & Fees
CO')
E
o
LL
(f)
Il..
Postmark or Date
,>4
-'-
Orr1.#:~/8 -/ <tot 9
+,
C'. s
-8 aComplele items 1 ancVor 2 for additional services. I also wish to receive the
.. aComplete items 3, 4a, and 4b. following services (for an
: _ Print your name and address on the reverse of this form 80 that we can retum this extra fee):
... ~fo~ ~
!!! -Attach this form to the front of the rnailplece, or on the back if space does not 1. 0 Addressee's Address "5:
permit. '"
GI a Write "Retum F1eceiptRequested"on the mailplece below the article numbar. 2.0 Restricted Delivery ~
= aThe Retum Receipt will show to whom the article was delivered and the date ...
c delivered. Consult postmaster for fee. f
i 3. ~rtiCle Addressed to:. 4a. Article Number ~
J!.L,z C-lo'<.dJ Ch.'Lf Z ~c;O <t9fc tQ<eS E
tBu~e..eu d.p AJ".,,'n,sf- .. 4b.ServiceType ../" i
(,) ra+iV'~ C cde.. ~. L(;$...uSD Registered ~ertified ~
o Express Mail 0 Insured i
a: 71, c.. Ell /0 -tt 8 J cI.J . 0 Retum Receipt for Merchandise 0 COD :
c Lie:> I S'aCe. +h /YlOI'J roe. s-f. 7. Date of De'&1Sbt~. ,. ~
z7a../Itt..AQS.$e.e PL 32.399-0a 0 ~
a: 5. Received By: (Print Name) 8. Addressee's Address (Only if requested ~
w and fee is paid) 1!
a: ~
~ 6. SiQl'l8l!llp: (A
~ X D
.!!
PS Form 3811, December 1
.
~
Domestic Return Receipt