Ordinance 027-1999
Ordinance N 0.027-1999
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST BY
PROPERTY OWNERS TO CHANGE THE OFFICIAL LAND
USE DISTRICT MAP (ZONING) FROM URBAN
RESIDENITAL MOBILE HOME (URM) TO URBAN
RESIDENTIAL (UR) FOR PROPERTIES DESCRIBED AS
LOTS 30, 31 AND 32, TIPTON'S SUBDIVISION, V ACA KEY,
LOCATED IN SECTION 10, TOWNSHIP 66 SOUTH, RANGE
33 EAST, MONROE COUNTY, FLORIDA, AT
APPROXIMATEL Y MILE MARKER 49.5.
WHEREAS, the Board of County Commissioners, on September 15, 1986, adopted the
Official Land Use District Maps, and therefore, designated the above-described properties as
Urban Residential Mobile Home (URM) on the map; and
WHEREAS, the application for a zoning map amendment was originally submitted by
Gene Conner and Michael Felling; and
WHEREAS, Gene Conner sold his property (Lot 32) to Richard Rettstadt in February
1999, who then requested that the Planning Department proceed with the re-zoning; and
WHEREAS, the properties described as Lots 30, 31 (RE # 00327460) and 32 (RE #
00327650) of Tipton's Subdivision, Vaca Key are located in Section 10, Township 66 South,
Range 33 East, Monroe County, Florida; and
WHEREAS, the Development Review Committee, Planning Commission and staff
support and recommend approval of this zoning map amendment from URM to UR as indicated
in resolutions #D03-99 and #PI6-99; and
WHEREAS, during a regular meeting held on June 9, 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 Urban Residential Mobile Home (URM) to Urban
Residential (UR); and
BOCC Ordinance
page 1 of 4
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WHEREAS, the Monroe County Board of County Commissioners hereby makes 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 2010 Plan requires that the County regulate future development to
maintain the character of the community.
2. The Future Land Use Map (FLUM) designation for the subject properties is Residential
High (RH).
3. Pursuant to Policy 101.4.21, UR is consistent with the RH Future Land Use Map
(FLUM) designation.
4. The sites are currently developed. The Rettstadt property (Lot 32) has a duplex while the
Felling properties (Lots 30 & 31) have a triplex.
5. The attached dwellings on these properties are currently non-conforming as to use and
density .
6. The subject properties are the only attached residential dwelling units in Tipton's
Subdivision, which consists primarily of mobile homes and single family residences.
7. High intensity commercial uses (Banana Bay Resort and Marina and Blackfin Motel and
Marina) are immediately adjacent to the applicant properties.
8. Owners of the subject properties are requesting a rezoning from Urban Residential
Mobile Home (URM) to Urban Residential (UR) so that they have a mechanism to come
into conformance with regards to density and use.
9. Policies 101.14.2 and 217.3.2 of the 2010 Plan state that Monroe County shall prohibit
the placement of mobile homes within the Coastal High Hazard Area (CHHA) except on
an approved lot within an existing mobile home park or subdivision zoned for such use.
10. Policy 102.3.2 of the 2010 Plan states that Monroe County shall require development
clustering so as to avoid impacts on sensitive habitats and to provide for the preservation
of all required open space in a contiguous, non-fragmented condition.
11. Goal 601 of the 2010 Plan states that Monroe County shall adopt programs and policies
to facilitate access by all current and future residents to adequate and affordable housing
that is safe, decent, and structurally sound, and that meets the needs of the population
based on type, tenure characteristics, unit size and individual preferences.
BOCC Ordinance
page 2 of 4
Initials
12. While the rezoning does not increase the likely development potential of the properties, it
creates potential opportunities for clustered and affordable housing in Marathon.
WHEREAS, the Board of County Commissioners hereby makes the following
CONCLUSIONS OF LAW:
1. This zoning request meets the 4th criterion outlined in Section 9.5-511 of the Monroe
County Code and will not negatively impact on community character.
2. This zoning request is in keeping with the surrounding uses of this portion of Marathon
and is therefore consistent with Objective 101.4 of the 2010 Plan.
3. The changes to the developmental potential of these sites will not adversely impact on
natural resources or public facilities.
4. The properties are designated Residential High (RR) on the FLUM.
5. Urban Residential Mobile Home (URM) and Urban Residential (DR) zoning districts are
both consistent with the RR FLUM designation pursuant to Policy 101.4.21.
6. Rezoning these properties from URM to UR removes opportunities for placing mobile
homes within the CHHA, pursuant to Policies 101.14.2 and 217.3.2.
7. Rezoning these properties from URM to UR could create opportunities to build more
clustered, affordable housing, pursuant to Policy 102.3.2 and Goal 601.
8. Rezoning the applicant properties to UR will provide them with a mechanism for coming
into conformance with regards to density and use.
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 previously described properties, which are currently zoned Urban Residential
Mobile Home (URM), shall be zoned Urban Residential (DR) 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.
BOCC Ordinance
page 3 of 4
Initials
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 9 th of June 1999.
Mayor Harvey
Commissioner Freeman
Commissioner Neugent
.' -.. ~o~issioner Williams
Co~issioner Reich
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Signed this
BOCC Ordinance
Yes
yes
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_ LHAGE CLERK
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day of
page 4 of 4
BOARD OF COUNTY COMMISSIONS
OF MONROE COUNTY, FLORIDA
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, 1999.
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Property Description: Lots
S10T66R32, RE's 32748,
Applicant Name: Fellin
Map # : 238
30, 31 &32 of Ti tons Subd.
32764, & 32765
& Rettstadt
File Number :M99130
nlannp I.. ~olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
lEL (305) 289-6027
FAX (305) 289-1745
CLERK OF lliE CIRCUIT COURT
MONROE COUNTY
SOO 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
JUDe 24, 1999
CERTD'1ED MAIL
RETURN RECEIPT REQUESTFD
Mrs. Liz Cloud
Florida Depai1ment 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 oC Ordinance No. 027-1999 approving a
request by property owners to change the Official Land Use District Map (Zoning) from
Urban Residential Mobile Home (URM) to Urban Residential (UR) for properties
described as Lots 30,31 and 32, Tipton's Subdivision, Vaca Key, located in Section 10,
Township 66 South, Range 33 East, Monroe County, Florida, at approximately Mile
Marker 49.5. .
This Ordinance was adopted by the Monroe COUDty Board of County
Commissioners at a Regular Meeting, in Connal session, on JUDe 9, 1999.
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Mrs. Liz Cloud
June 24, 1999
Page 2
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Please me for record.
Sincerely,
Danny L. Kolha,e
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Comml~ioners
By: Ruth Ann Jantzen
Enclosure
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Dep Cler
cc: County Attorney
County Admlnt~rator
Growth Management Director
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> - Attach this form to the front 01 the mailplece, or en the back If space doea not
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. -Write 'Return Receipt ReqUfl8ted' on the mailpiec:e below the article number.
5 -The Return Receipt will show to whom the artlcla was delivered and the dale
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j 3. Article Addressed to:
.! Mrs. Liz Cloud, Chief
fureau of Administrative Code and Laws
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401 South Monroe Street
Tallahassee, FL 32399.02'0
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DIVISIONS OF FLORr6A J)EI;ARTMENT OF STATE
Office of the Secretary
Division of Administrative Seriires
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Libnlry and Information Service.
Division of Licensing
MEMBER OFTHE FLORIDA CABINET FLORIDA DEPARrMENf OF STATE
Katherine Harris
Secretary of State
DMSIpN OF ELECTIONS
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HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RING LING MUSEUM OF ART
June 28, 1999
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Ctencorthe-CircuirCourC -
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 June 21, 1999 and certified copies of Monroe County Ordinance Nos.
022-1999 and 027-1999, which were filed in this office on June 24, 1999.
Si~~
Liz Cloud, Chief
Bureau of Administrative Code
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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.t1.us . E-Mail: election@mail.dos.state.j1..us
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