Ordinance 014-1999
Planning
ORDINANCE NO. 014-1999
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY FISHERMEN'S HOSPITAL INC. TO CHANGE THE
MONROE COUNTY LAND USE DISTRICT (ZONING) MAP
FROM SUBURBAN COMMERCIAL (SC) TO URBAN
COMMERCIAL (UC) FOR PROPERTY KNOWN AS
FISHERMEN'S HOSPITAL AND DESCRIBED AS PART OF
GOVERNMENT LOT 1 AND PART OF GOVERNMENT LOT 3
LOCATED IN SECTION 9, TOWNSHIP 66 SOUTH, RANGE 32
EAST, MONROE COUNTY, FLORIDA, AT
APPROXIMA TEL Y MILE MARKER 48.6, AND HA VING THE
REAL ESTATE NUMBER 0010 3370-000000.
WHEREAS, the Monroe County Board of County Commissioners during a public
hearing held on March 10, 1999, conducted a review and consideration of the request filed by
Fisherman's Hospital Inc. to change the Land Use District (Zoning) Map from Suburban
Commercial (SC) to Urban Commercial (UC) for property described as part of governrnent lot 1
and part of governrnent lot 3 located in Section 9, Township 66 South, Range 32 East, Monroe
County, Florida, at approximately mile marker 48.6, and having the real estate number 0010
3370-000000; and
WHEREAS, the Board of County Commissioners examined the following information:
1. The application for a zoning change from Fisherman's Hospital Inc. to change from SC
to UC; and
2. The staff report prepared by Kimberly Ogren, Comprehensive Planning Manager, and
Harry Delashmutt, Biologist; and
3. Planning Commission Resolution #97-98, recommending approval of the change; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
I. Section 9.5-511 of the 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 that negatively impacts community~~cte~ :!!
2. The subject site is designated Suburban Commercial (SC) on the z~9na!;anJ;;
Institutional (INS) on the Future Land Use Map. g' ~ t\) ~
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3. The applicant has requested the Urban Commercial (UC) zoning design~;:rn <!Iier ~
accommodate plans for expansion. :":-t~ is !2!
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4. Policy 10 1.4.10 of the 20 I 0 Comprehensive Plan states that the principal purpose of the
Institutional (INS) future land use category is to provide for institutional uses. Related
institutional residential uses, such as hospital rooms are also allowed.
5. Section 9.5-4 (1-5) of the Land Development Regulations classifies hospitals as
institutional uses.
6. Objective 101.4 states that land uses shall be distributed to maintain the character of the
community.
7. The subject property is a developed site surrounded by public and institutional uses.
8. The subject property is also part of an established concentration of commercial
businesses and professional services centrally located in Marathon.
9. The application states that Fishermen's Hospital serves a regional need.
10. Table 15.2 of the 2010 Comprehensive Plan Technical Document identifies the service
area for Fishermen's Hospital as " Primarily Middle Keys."
11. Section 9.5-203 of the Land Development Regulations states that the purpose of the DC
district is to designate areas for commercial and professional uses needed at a regional
scale.
12. Section 9.5-206 of the Land development Regulations states that the purpose of the SC
district is to establish areas for commercial uses designed and intended primarily to serve
the needs of the immediate planning area.
13. The application states that Fishermen's Hospital is in need of additional space in order to
keep up with the changes in medical technology and the increased demand for medical
servIces.
14. The subject site is currently overbuilt for the SC district development standards. A land
use change to UC zoning designation would allow further development of the subject
site. If rezoned to UC the subject site could be developed for an additional 17,480 square
feet of institutional space or 15 more rooms or any combination thereof.
15. The allowed density and intensity associated with the proposed DC zoning designation
(floor area ratio of 0.4/15 rooms per acre) is compatible with those allowed by the INS
future land use category (floor area ratio of 0.4/15 rooms per acre).
16. Objective 101.5.5 of the 2010 Comprehensive Plan calls for the assignment of "Positive
Points" for non-residential development, which results in infill of existing commercial
areas.
#M98 I 29/Fishermen's Hospital BOCC
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17. Policies 301.1.1, 701.1.1, 801.1.1, 901.1.1, 1001.1.1, and 1201.1.1 of the 2010
Comprehensive Plan are in place to ensure that sufficient public facilities capacity exists
to accommodate future development.
18. Goal 102 of the 2010 Comprehensive Plan states that the County shall direct future
growth to lands which are intrinsically most suitable for development and encourages
conservation and protection of environmentally sensitive lands.
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
1. The requested land use change is consistent with the new issues raised by the applicant.
The new issues raised demonstrate the hospital's need for additional space and provides a
basis for consideration of the proposed map amendments, pursuant to Section 9.5-511 of
the LDRs. (Findings 1,13 & 14)
2. The use of the subject site complies with the purpose of the proposed UC zoning
designation and the appropriate land use designation for the Fishermen's Hospital should
be UC. (Findings 8-12)
3. The proposed land use change is consistent with Objective 101.4, Policy 101.4.3, Policy
101.4.4, and Objective 101.5.5 of the 2010 Comprehensive Plan because it maintains
community character and encourages infill. (Findings 1-8,15 & 16)
4. The proposed map amendment is consistent with the 2010 Comprehensive Plan policies
that seek to protect natural resources. (Findings 7, 18 & 19)
5. Sufficient public facilities capacity exists to accommodate the proposed land use change.
(Findings 7 & 17)
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, to APPROVE the request by
Fishermen's Hospital Inc. to change the zoning for the property described above from SC to UC.
Section I.
This Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described property, which is currently designated Suburban Commercial
(SC), shall be designated as Urban Commercial (UC) as shown on the attached map, which is hereby
incorporated by reference and attached as exhibit I.
Section 3.
The Official Land Use District Map shall be amended as delineated in Section 2 above.
Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the
remainder of this ordinance shall not be affected by such invalidity.
#M98129/Fishermen's Hospital BOCC
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Planning
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 6. This ordinance shall be transmitted to the state land planning agency for approval.
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 a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 10th of March, 1999.
Mayor Wilhemina Harvey
Mayor Pro Tern Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
yes
yes
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BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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Mayor/Chair
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A TTEST: DANNY L. KOHLAGE, CLERK
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#M98 I 29/Fishermen's Hospital BOCC
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Initials
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Pro osal:from sc to UC
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Property Description: Part Gov' t lot 1 & part lot 3 & ba -
bottom s'ly & adjacent part lot 3. RE 103370 S9&10T66R32
Applicant Name: Fisherman's Hospi tall Agent Thomas Timmins PE
Map # : 238 & 239 File Number :M98129
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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
March 23, 1999
CERTIFIED 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 Ordinance No. 014-1999 APPROVING the
request by Fishermen's Hospital, Inc.,to change the Monroe County Land Use District
(Zoning) Map from Suburban Commercial (SC) to Urban Commercial (UC) for
property known as Fishermen's Hospital and described as part of Government Lot 1
and part of Government Lot 3 located in Section 9, Township 66 South, Range 32 East,
Monroe County,Florida, at approximately Mile Marker 48.6,and having the Real Estate
No. 00103370-000000.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on March 10, 1999.
11lannp I.. ltolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, 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
March 23, 1999
CERTurlIW MAIL
RETVRN RECEIPI' 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 rmd a certified copy of Ordinance No. 014-1999 APPROVING the
request by Flshennen's Hospital, Inc., to change the Monroe County Land Use District
(Zoning) Map from Suburban Commercial (SC) to Urban Commercial (DC) for
property known as FLShennen's Hospital and described as part of Government Lot 1
and part of Government Lot 3 located in Section 9, Township 66 South, Range 32 East,
Monroe County, Florida, at approximately Mile Marker 48.6, and having the Real &tate
No. 00103370-00000o.
This Ordinance was adopted by the Monroe County Board of County
Commi~ioners at a Regular Meeting, in fonnal session, on March 10,1999.
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Please me for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Enclosure
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Dep y Cle
cc: County Attorney
County Administrator
Acting Growth Management Director
Property Appraiser
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card to you.
- Attach thi8 Ionn to the front of the 1lllII\pIece, or on the bacIk If ~ doM not
permit.
-Write'Retum RIIC8ipt ~ed.on the rndpIece below the IIIIlc:le number.
-The Return ReceipI wIlIlhow to whom the IIIIlc:le _ deIivwed and the dale
delivered.
3. Article Addressed to:
MRS. LIZ CLOUD
FL. DEPT. OF STATE
THE ELLIOT BUILDING
401 SOUTH MONROE ST.
TALLAHASSEE, FL. 32399-0250
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Di vision of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Di vision of Licensing
MEMBER OF THE FLORIDA CABINET FWRIOA OEPARI'MENT OF STATE
Katherine IIarrl8
Secret:aJy of State
DIVISION OF ELECTIONS
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HISTORIC PRESERV A TION BOA RDS
Historic Rorida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic 51. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RING LING MUSEUM OF ART
March 25, 1999
Honorable Danny L. Kolhage
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 March 22, 1999 and March 23, 1999 and certified copies of Monroe
County Ordinance Nos. 012-1999, 013-1999 and 014-1999, which were filed in this
office on March 25, 1999.
s~~
Liz Cloud, Chief
Bureau of Administrative Code
LClbn
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.ft.us . E-Mail: election@mail.dos.state.jl.us
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County of Monroe
o/lLt~rr. I
Growth Mana2ement Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2854
Board of County Commissioners
Mayor Wilhelmina Harvey, Dist. I
Mayor Pro Tern Shirley Freeman, Dist. 3
Commissioner George Neugent, Dist. 2
Commissioner Mary Kay Reich, Dist. 5
Commissioner Nora Williams. Dist. 4
March 29, 1999
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Tom Beck, Director
Division of Community Planning
Florida Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
RE: Ordinance No. 014-1999
Fishermen's Hospital, Inc. (Rezoning)
Dear Mr. Beck:
Enclosed please find a copy of Ordinance No. 014-1999, which approves the request by Fishermen's Hospital, Inc., to
change the Monroe County Land Use District (Zoning) Map from Suburban Commercial (SC) to Urban Commercial
(UC) for Fishermen's Hospital in Marathon, Florida. The Monroe County Board of County Commissioners adopted
this ordinance at their regular meeting on March 10, 1999. It is now being transmitted to you for review by the
Department of Community Affairs, in accordance with Section 380.0552, Florida Statutes.
If you have any questions, please do not hesitate to call. Thank you for your assistance.
TJM/ir
Enclosure
cc: James L. Roberts, County Administrator (w/o enclosure)
James T. Hendrick, County Attorney (w/o enclosure)
Timothy J. McGarry, AICP, Director of Planning (w/o enclosure)
Kimberly Ogren, Sr. Administrator, Comprehensive Plan
Linda Fatora, Graphics Coordinator
Michael McDaniel, Growth Management Administrator, DCA
Ken Metcalf, Community Program Administrator, DCA
Mike Des Parte, Florida Keys Field Office, DCA
MEMORANDUM
TO:
Linda Fatora, Graphics Coordinator
FROM:
Isabel Reid, Executive ASSista~
Growth Management DiviSiO..,,~
DA TE:
June 25, 1999
Please be advised that the DCA Final Order approving the zoning change for
Fishermen's Hospital, Inc. became effective on June 18, 1999. It was published in
the Florida Administrative Weekly on May 28, 1999, and I received confirmation
from the Department of Community Affairs today that there were no challenges to
the Order. Please incorporate this zoning change (from Suburban Commercial to
Urban Commercial) into the Monroe County land Use Maps. Thank you.
fir
Attachment (Ordinance No. 14-1999)
CC: Fishermen's Hospital, Inc.
Board of County Commissioners
Danny L. Kolhage, Clerk of the Circuit Court
James L. Roberts, County Administrator
James T. Hendrick, County Attorney
Timothy J. McGarry, Director of Growth Management
Don Horton, Sr. Director/Building Official
Joe Paskalik, Sr. Administrator/Assistant Building Official
Kim Ogren, Sr. Administrator/Comprehensive Plan
Ed Koconis, Sr. Administrator/Development Review
Judi Chambers, Planning Commission Coordinator
Julie Thomson, Administrative Assistant, Planning Department