Resolution 115-1997
RESOLUTION NO. 115-1997
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DENYING THE REQUEST
FILED BY VIVIENNE K. SCHLEU, ON BEHALF OF
GALLEON BAY CORPORATION, TO AMEND THE LAND
USE DISTRICT (ZONING) MAPS FROM IMPROVED
SUBDIVISION (IS) TO COMMERCIAL FISHING VILLAGE
(CFV) FOR PROPERTY LEGALLY DESCRIBED AS TRACT A
OF THE AMENDED PLAT OF DOLPHIN HARBOR
SUBDIVISION, SECTION 18, TOWNSHIP 66 SOUTH, RANGE
30 EAST, TALLAHASSEE MERIDIAN, NO NAME KEY,
MONROE COUNTY, FLORIDA, AND HAVING THE REAL
ESTATE IDENTIFICATION NUMBER 00319490-004500.
WHEREAS, Section 9.5-511(c), Monroe County Code, provides that the land
development regulations, including the land use district maps, may be amended or changed at
any time; and
WHEREAS, the Board of County Commissioners on February 28, 1986, designated
Tract A of Dolphin Harbor Subdivision, which is located in Section 18, Township 66 South,
Range 30 East, Tallahassee, Meridian, No Name Key and has the real estate identification
number 00319490-004500 as Improved Subdivision (IS); and
WHEREAS, the applicant has requested a map amendment for the above described
property to change its land use district designation from Improved Subdivision (IS) to
Commercial Fishing Village (CFV); and
WHEREAS, during the amendment process, the DevelopmentReview Ggmmi~e,
after due notice and public participation in the hearing process, revie~ the propOsed rand
use district map amendment and recommended approval; and . - . ~ 0
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WHEREAS, the Monroe County Planning Commission, sittin~ as the 1mbl pl~ing
agency, after due notice and public participation in the hearing process, reviewesohe ,:::
proposed land use district map amendment and carefully considered all of the e~ence':~d
testimony submitted by the applicant, members of the public, and the Growth Nihagerii~nt
Staff, including new information that changed its recommendation from approval to denial,
and recommended denial; and
WHEREAS, the Monroe County Board of Commissioners, after due notice and
public participation in the hearing process, has reviewed all of the above recommendations
and adopts the following FINDINGS OF FACT:
1. Monroe County Code (MCC) Section 9,5-511 provides that amendments to the land
development regulations (including zoning maps) are not intended to relieve a particular
hardship, nor to confer special privileges or rights on any person, nor to permit a change to
community character, but only to make necessary adjustments to the code. Section 9,5-
511(d)(5)(b) states that the Board of County Commissioners may consider a map amendment
based on changed projections, changed assumptions, data errors, new issues, recognition of a
need for additional detail or comprehensiveness or data updates, as long as there is no
adverse community change to the planning area.
2, The applicant wishes to rezone this property to relieve inadequacies of her adjoining
property which is zoned Commercial Fishing Village,
3, Unlike the property subject to this application, the Dolphin Estates Subdivision
properties, which adjoin Bahia Shores Subdivision, may be distinguished in that those parcels
zoned Commercial Fishing Special District 2 (CFSD-2), already contain commercial fishing
activities.
4. Section 163.3194(1)(a), Florida Statutes provides that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with this act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such plan or element shall be consistent with such plan
or element as adopted,
5, Pursuant to Chapter 9J-14,022, Florida Administrative Code, portions of the Monroe
County Year 2010 Comprehensive Plan became effective on January 4, 1996.
6. Goals, Objectives and Policies in the Monroe County Year 2010 Comprehensive Plan
or the Monroe County Land Development Regulations regulating the use of land on Big Pine
Key and/or No Name Key include the following:
Policy 101.5,5: Monroe County shall implement the Non-residential Permit Allocation and
Point System via the land development regulations, The following weighting categories are
hereby established as guidelines for developing the specific point values in the land
development regulations, The points are intended to be applied cumulatively except where
specified otherwise,
(7) Critical Habitat Areas- Points shall be assigned to Allocation Applications for proposed
non-residential development located within critical habitat areas of the Florida Keys. Points
shall be assigned as follows: Major Negative: Any non-residential development proposed on
Big Pine Key, No Name Key, Ohio Key and North Key Largo,
Policy 101.13.4: Transferable Development Rights may be used within the Residential
Permit Allocation System to increase density, subject to the limitations contained in the land
development regulations, The Maximum Net Density is the maximum density allowable
with the use of TDRs, and shall not exceed the maximum densities established in this plan.
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Density transfers to Big Pine Key, No Name Key, and North Key Largo from other areas of
the County shall be prohibited,
Policy 103,1.4: Monroe County shall support, wherever possible, the efforts of federal
agencies, state agencies, and private non-profit conservation organizations, to acquire land
for conservation purposes within habitat areas of the Key deer.
Policy 103.1.14: Monroe County shall discourage tour groups on Big Pine Key,
Objective 207,6: By September 30, 1993, Monroe County shall implement a cooperative
program with the FWS, DNR, and FGFWFC to promote the recovery of wildlife species
designated by the federal government as threatened and endangered.
Policy 207.7,1: Monroe County shall regulate future development and coordinate the
provision of public facilities on Big Pine Key and No Name Key, consistent with the Goals,
Objectives and Policies of this Comprehensive Plan and in order to:
1. protect the Key deer;
2, preserve and enhance the habitat of the Key deer; and
3. maintain the rural, suburban, and open space character of Big Pine Key.
Pa~e 3-131 of the Monroe County Year 2010 Comprehensive Plan Technical Document:
The population of Key Deer is centered on Big Pine Key and No Name Key,
7, Section 9,5-246, MCC: Commercial Fishing Village District allows the following
uses as-of-right: commercial fishing; detached dwellings; and accessory uses.
8, Section 9,5-4(C-12), MCC.: Commercial fishing means the catching, landing,
processing or packaging of seafood for commercial purposes, including the mooring and
docking of boats and/or the storage of trap and other fishing equipment and charter boat uses
and sport diving uses.
9, Section 9,5-242,...MC.C.: Improved Subdivision District allows the following uses as-
of-right: detached dwellings; home occupations; and accessory uses.
10, The subject parcel is part the Amended Plat of Dolphin Harbor Subdivision, which is
an established residential subdivision with deed restrictions prohibiting non-residential uses,
11. Policy 101.4,22: The Maximum Floor Area Ratio (F,A.R.) for Commercial Fishing
Village Districts is ,25-.40 and for Improved Subdivision Districts is .20-,25,
12, The uses permitted in the Improved Subdivision district are exclusively residential in
nature, while the uses permitted in the Commercial Fishing Village district allow for
commercial and commercial fishing uses as a matter of right.
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13, According to page 3-174 of the Monroe County Year 2010 Comprehensive Plan
Technical Document and based on evidence and testimony provided at the public hearing,
impacts associated with the catching, landing, processing or packaging of seafood, trap
storage or boat mooring for commercial purposes create noise, odors and visual effects that
may be considered nuisances in a residential area.
14, Florida Statutes Chapter 163.3194(1): provides that all development undertaken by,
all actions taken in regard to development orders by, and all land development regulations
enacted or amended by governmental agencies shall be consistent with the adopted
comprehensive plan or element or portion thereof.
15. Florida Statutes Chapter 163.3194(3)(a): A development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development permitted by such order or regulation are
compatible with and further the objectives, policies, land uses, and densities or intensities in
the comprehensive plan and if it meets all other criteria enumerated by the local government.
16, Florida Statutes Chapter 163.3194(3)(b): A development approved or undertaken by
a local government shall be consistent with the comprehensive plan if the land uses, densities
or intensities, capacity or size, timing, and other aspects of the development are compatible
with and further the objectives, policies, land sues, and densities or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government,
17, Florida Statues Chapter 163.3164(7): "Development order" means any order granting,
denying, or granting with conditions an application for a development permit.
18. Florida Statutes Chapter 1663.3164(8): "Development permit" includes any building
permit, zoning permit, subdivision approval, rezoning, certification, special exception,
variance, or any other official action of local government having the effect of permitting the
development of land.
19, Section 9,5-4(D-8). MCC: "Development" includes the subdividing ofland as well
as a change in the intensity of use of land.
20. Section 9.5-4(D-9),MC.C..;. "Development approval, development order, or
development permit" includes a change of land use district boundary,
21. Objective 101.4 of the 2010 Comprehensive Plan states, "Monroe County shall
regulate future development and redevelopment to maintain the character of the community
and protect the natural resources by providing for the compatible distribution of land uses
consistent with the designations shown on the Future Land Use Map."
22. The Monroe County Year 2010 Comprehensive Plan Technical Document states on
page 2-65, "Building on the concepts for land use contained in the current Land Development
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Regulations (Monroe County, BOCC, 1990), the Future Land Use Map series reflects a
pattern consistent with the following land use districts:
Residential Medium
The Residential Medium land use category includes existing improved subdivisions
characterized by disturbed or scarified land,
Mixed Use Commercial Fishing
This land use category includes established concentrations of commercial fishing uses,
23, On August 19, 1992, the Board of County Commissioners directed the Planning Staff to
"correct all known inadvertent conflicts between the Future Land Use designations and the
existing zoning maps,"
24. Policy 1 0 1.4.22 states that Residential Medium future land use designation
corresponds with the Improved Subdivision zoning district and that the Mixed
Use/Commercial Fishing future land use designation corresponds with the Commercial
Fishing Village zoning district.
25, Drafts of the Future Land Use map depict Tract A along with the rest of Dolphin
Harbor as Residential Medium and there is no existing documentation of any direction from
the county to the mapping consultants stating that there should be a change from the
Residential Medium to another designation.
26, The final version of the FLUMs depict Tract A along with the rest of Dolphin Harbor
as Mixed Use/Commercial Fishing.
WHEREAS, the Monroe County Board of County Commissioners, after due notice
and public participation in the hearing process, makes the following CONCLUSIONS OF
LAW:
1, In her application and in her comments before the Development Review Committee,
the applicant did not provide sufficient information to meet the criteria of Section 9.5-511,
MCC, that warrants our granting the requested map amendment. Therefore, we must
conclude that the applicant has not met her burden of demonstrating why the proposed land
use change should be granted. (Findings of Fact 1,2, and 3)
2, Commercial Fishing Village zoning district allows "as-of-right" uses that are more
intense than and incompatible with uses allowed in the Improved Subdivision district.
Therefore, the occurrence of commercial fishing activities on the subject property will
adversely impact the character of the established neighborhood of the remainder of the
Amended Plat of Dolphin Harbour Subdivision which is adjacent to the subject property.
(Findings of Fact 7,8,9, 10, 11, 12, and 13)
3. A rezoning from IS to CFV for the subject parcels constitutes "development" in that
it grants the intensification of the use of land as a matter of right AND it is that
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intensification that is inconsistent with the overall goals, objectives and policies of the
comprehensive plan, especially as they relate to the use of land and associated impacts on Big
Pine Key, No Name Key and the Key Deer. (Findings of Fact 4,5, 14, 15, 16, 17, 18, 19, and
20,21)
4, The intent of the 2010 Future Land Use Designations and subsequent Maps, as
referenced in Findings of Fact 20,21,22,23, and 24, is to designate the Amended Plat of
Dolphin Harbour Subdivision as Residential Medium in order to have future land uses remain
consistent with the uses allowed under the current Improved Subdivision zoning.
Consequently, a scrivener's error has occurred in the designation of the Amended Plat of
Dolphin Harbour Subdivision as Mixed Use/Commercial Fishing, Therefore, the request to
rezone the subject property to Commercial Fishing Village is inconsistent with the intent of
the FLUM, despite its consistency with the designation as it currently exists. (Findings of
Fact 21,22,23,24,25, and 26)
5, The subject property does not meet the purpose of Mixed Use/Commercial Fishing
district in part because it is not part of an "established concentration of commercial fishing
uses", (Finding of Fact 22)
6. The property owners of the non-Tract A portion of the Amended Plat of Dolphin
Harbour Subdivision have a reasonable expectation that future uses in their sbdivision would
remain compatible with the existing residential uses, (Findings of Fact 1, 14, and 21)
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
Section 1, The previously described property shall remain designated as Improved
Subdivision on the land use district maps.
Section 2. The Board hereby directs the Growth Management staff to initiate a
Comprehensive Plan amendment to correct the scrivener's error that was revealed,
Section 3. If any section, subsection, sentence, clause, item, change or provision of this
resolution is held invalid, the remainder of the resolution shall not be affected by such
invalidity.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19thday of March A.D. 1997
Commissioner Freeman
Commissioner Harvey
Mayor Pro Tern London
Commissioner Reich
Mayor Douglass
yes
yes
recused
no
yes
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Property Description: Tract A of Amended Plat of Dolphin
Harbor, Sec. 18, Twn. 66, Rge. 30
Applicant Name: Schleu
Map # : 319 & 328
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File Number: M95094
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