Item W3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2002
Division:
Growth Management
Bulk Item: Yes
No --X-
Department: Planning Department
AGENDA ITEM WORDING: Public hearing on the request by the PBP Marina Inc. to amend the
land use district (zoning) map from Sparsely Settled (SS) to Recreational Vehicle District (RV).
ITEM BACKGROUND: On December 6,2001, Development Review Committee recommended
approval to the Planning Commission. On January 9, 2002 the Planning Commission recommended
denial to the Board of County Commissioners.
PREVIOUS REVELANT BOCC ACTION: In September 1986, when the Comprehensive Plan
came into effect, Geiger Key Marina as well as the surrounding areas were rezoned from Mobile Home
Park Residential District (RU-5P) to Sparsely Settled District (SS). During the 2010 Comprehensive
Plan process, the Future Land Use categories were introduced. Initially, Geiger Key Marina received
the Residential Low (RL) designation. In May 1992, in a letter to the Planning Department, the owners
argued against the FLUM designation and received Mixed Use Commercial (MC) designation in
October 1992.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Denial
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/ A No
Year
APPROVED BY: County Atty --X-
N/A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #~
GEIGER KEY MARINA INC.
GEIGER KEY, MONROE COUNTY, FLORIDA
LAND USE DISTRICT (ZONING)
MAP AMENDMENT
BOARD OF COUNTY COMMISSIONERS
KEY WEST
APRIL 17, 2002
PROPOSED LAND USE DISTRICT (ZONING) MAP
SPARSELY SETTLED (SS)
TO
RECREATIONAL VEHICLE (RV)
This map amendment is for changing the zoning from Sparsely Settled (SS)
to Recreational Vehic1e (R V) for a property located on Geiger Key at 5
Geiger Road, in Section 26, Township 67 South, and Range 26 East, Monroe
County, Florida.
RECOMMENDA TIONS
Staff:
DRC:
PC:
Approval
Approval
Denial
December 6,2001
December 6,2001
January 9, 2002
Staff Report
Resolution # D27 -01
Resolution # P02-02
ORDINANCE NO. 2002
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONONERS DENYING THE REQUEST
BY PBP MARINA INe. TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM SP ARSEL Y SETTLED
RESIDENTIAL DISTRICT (SS) TO RECREATIONAL
VEHICLE (RV) FOR THE PROPERTY DESCRIBED AS
BOCA CHICA PART GOVERNMET LOT 6, SECTION 26,
TOWNSHIP 67 SOUTH, AND RANGE 26 EAST, ALSO
KNOWN AS GEIGER KEY MARINA AND RV PARK ON
GEIGER KEY, MONROE COUNTY, FLORIDA, AT
APPROXIMATELY MILE MARKER 10.7.
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on April 17, 2002, conducted a review and consideration of the request filed by PBP
Marina, Inc. to amend the zoning map from Sparsely Settled Residential District (SS) to
Recreational Vehicle (RV) land use district for the Geiger Key Marina. The subject property is
located at 5 Geiger Road, in Section 26, Township 67 South, and Range 26 East, Monroe County,
Florida. The Real Estate identification number is 00122160.000000; and
WHEREAS, at its December 6, 2001 meeting in Marathon, the Development Review
Committee reviewed the application and recommended approval of the rezoning as indicated in the
Resolution D27-01; and
WHEREAS, based on the recommendation of the Development Review Committee, the
staff recommended approval of the application to the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on January 9,
2002. Based on the facts presented at the meeting, the Planning Commission recommended denial
of the rezoning as indicated in the Resolution P02-02; and
WHEREAS, after further review of the application and consideration of facts, the staff
recommended denial as indicated in the Staff Report dated March 18, 2002; and
WHERAS, the Board of County Commissioners further reviewed the application and made
the following Finding of Facts:
1. Section 9.5-511(d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. This map amendment recognizes a need for comprehensiveness in planning [Section 9.5-
511(d)(5) b.(v)]. The application was initiated by the applicant's agent in order to rezone the
subject property to a land use district that represents the historic use of the property and
corresponds with the Future Land Use Map designation.
Geiger Key Marina BOCC Ordinance
Page 1 of5
Initials
3. Pre-1986 zoning of the subject property was Mobile Home Residential District (RU-5P). The
purpose of RU-5P zone was a district for mobile homes in approved parks where the lots were
not individually owned, but occupied as single family dwellings.
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
property was changed to Sparsely Settled Residential District (SS).
5. Section 9.5-209 ofMCC states that the purpose of the Sparsely Settled Residential District is to
establish areas of low-density residential development where the predominant character is
native or open space lands. RV parks are non-conforming uses in this land use district.
6. The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan
(Comp Plan) shows that areas around the Geiger Key Marina that were zoned SS, received a
FLUM designation of Residential Low (RL), consistent with their zoning district. Geiger Key
Marina has a Mixed Use/Commercial (MC) FLUM designation.
7. Based on Policy 101.4.5 of the Comp Plan the principal purpose of the Mixed Use/Commercial
land use category is to provide for the establishment of commercial zoning districts where
various types of commercial retail and office uses may be permitted at intensities which are
consistent with the community character and the natural environment. This land use category is
also intended to allow the establishment of mixed-use development patterns, where appropriate.
8. The Mixed Use/Commercial (MC) future land use category corresponds with the requested
Recreational Vehicle (RV) land use designation, but not with the Sparsely Settled Residential
District (SS).
9. Section 9.5-215 of MCC states that the purpose of the Recreational Vehicle (RV) land use
district is to establish areas suitable for the development of destination resorts or recreational
vehicles. This district contemplates developments that provide on-site recreational, commercial,
and resort facilities.
10. Based on the documented evidences and the site plan submitted by the applicant, there are 36
RV spaces on this property as of November 15,2001.
11. Objective 101.11 of the Comp Plan states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the development
at the adopted level of service standards concurrent with the impacts of such development.
12. The 2001 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
13. Goal 102 of the Comp Plan states that Monroe County shall direct future growth to lands which
are intrinsically most suitable for development and shall encourage conservation and protection
of environmentally sensitive lands. The proposed map amendment proposes no additional
Geiger Key Marina BOCC Ordinance
Page 2 of5
Initials
density or intensity on the site and no expansion of the development into the environmentally
sensitive lands.
14. The site is located under the flight path of the nearby Boca Chica Naval Air Station. Based on
Section 9.5-252(C)(3)h, privately owned properties adjacent to the Naval Air Station, Boca
Chica, also known as NAS Key West, shall be developed in accordance with the map prepared
by the U.S. Navy known as Figure A or as updated by the U.S. Navy. This map was prepared in
conjunction with the United States Navy's Air Installation Compatible Use Zone Study
(AICUZ). Geiger Key Marina is within the C2 zone of the adopted map. Based on Section 9.5-
252(C)(3)h(iii)4, the C2 zone represents accident potentials and modest noise from the airplane
flying in and out of the Naval Air Station (NAS). Under the AICUZ C2 zone, Geiger Key
Marina shall not be permitted to be developed or redeveloped for new residential (transient or
permanent), commercial (resort related), institutional (educational, medical related), and
recreational (sports arena, concert hall) uses.
15. Based on a letter in opposition to the zoning change dated December 14, 2001 from the
Commander of the Naval Air Facility in Key West, rezoning the Geiger Key Marina to RV will
create a potential for upgrading to hotel or resort. This potential according to the letter, is
considered "New Development" and not in keeping with the County Land Development
Regulations.
16. Based on Chapter 380.031 of the Florida Statutes, the definition of "Development Permit"
includes zoning permit and rezoning. Therefore, a zoning change should support and implement
the Land Development Regulations.
17. Based on Chapters 163.3201 and 163.3201 of the Florida Statutes, Land Development
Regulations shall be in compliance with and implement the adopted local Comprehensive Plan.
18. Based on Chapter 163.3213 2 (b) "Land Development Regulation" means an ordinance
enacted by a local governing body for the regulation of any aspect of development, including a
subdivision, building construction, landscaping, tree protection, or sign regulation or any other
regulation concerning the development of land. This term shall include a general zoning code,
but shall not include a zoning map, an action which results in zoning or rezoning of
land.. ..
19. Based on Chapter 163.3177(6)(a) of the Florida Statutes, Future Land Use Map illustrate the
proposed distribution, location, and extent of various categories of land use in a future land use
plan. The future land use plan is just one of the several elements of comprehensive plan. It
designates proposed future general distribution, location, and extent of the uses of land for
different type of uses.
20. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
21. The community character of the neighborhood is low density residential. Geiger Key Marina is
the only mixed use/commercial facility in and around the neighborhood; and
Geiger Key Marina BOCC Ordinance
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Initials
Law:
WHEREAS, the Board of County Commissioners made the following Conclusions of
1. The Future Land Use Map is just one of the elements of the Year 2010 Comprehensive Plan
which shows only the proposed future general distribution, location, and extent of the uses of
land for different type of uses.
2. Rezoning of a property on the basis of corresponding with the Future Land Use Map of the
Comprehensive Plan is not warranted.
3. The Monroe County Planning Commission determination of granting a development permit
(including rezoning) is based on the consistency of the proposal with applicable Land
Development Regulations and the overall intent of the Comp Plan.
4. The applicant has not sufficiently proven that the requested map amendment would be
consistent with the overall intent of the Year 2010 Comprehensive Plan.
5. The proposed map amendment does not meet the requirements outlined in Section 9.5-511 of
the Land Development Regulations and will negatively impact and alter the character of the
surrounding community.
6. The site is located in the C2 zone of the adopted AICUZ map which represents accident
potentials and modest noise from the air traffic of the Naval Air Station in Boca Chi ca.
Therefore, granting the requested rezoning could "potentially" put public's health and safety at
risk. 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 oflaw stated above.
Section 2. The previously described property, shall not be rezoned to Recreational Vehicle District
(RV) and maintain its current zoning designation of Sparsely Settled (SS) as shown on the attached
map, which is hereby incorporated by reference and attached as Exhibit 1.
Section3. The Board directs the Staffto initiate the process to determine an appropriate land use
designation for the property based on the Findings of Fact and Conclusions of Law presented.
Section 4. 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.
Geiger Key Marina BOCC Ordinance
Page 4 of5
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting held on the day of , A.D., 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro T em Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
a
Geiger Key Marina BOCC Ordinance
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Initials
EXHIBIT 1
Land Use District Map
;. ~-,~~. " ~
.. ^
Proposed Land Use District Map Key: Geiger Key
Amendment: Street Map Mile Mar1<er: 10.7:t
Proposal: Change Land Use Disbict from Sparsely SetUed to Recreational Vehicle
Property description: Boca Chica Part Government Lot 6 in Sec. 26. I Twp. fil S. Rge. 26 E. Monroe
County, FIoooa
Land Use District Map #: 540 MapAmendment# 01-
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55
Site
The Monroe County Land Use Map is proposed to be N
amended as indicated above and briefly described as:
Chanae la1d Use District from Soarselv Settled to Recreational Vehicle for Boca Chica Part
Government Lot 6 i1 Sa:. 26. . Two. 67 S. Rae. 26 E. RE # 122170 . Monroe County. Florida, at
aooroximate mile marker 10.7
Date:
Amendment #:
01-
Sheet #:
540
MEMORANDUM
TO: Board of County Commissioners
Thro~ K. Marlene Conaway, Director of P1anni#t
FROM: Aref Joulani, Senior Planner
Dianna Stevenson, Biologist
RE: Geiger Key Marina Zoning Map Amendment
Date: March 18, 2002
MEETING DATE: April 17, 2002
EXISTING FUTURE LAND USE DESIGNATION: Mixed Use Commercial (MC)
PROPOSED FUTURE LAND USE DESIGNATION: Mixed Use Commercial (MC)
EXISTING ZONING DESIGNATION:
Sparsely Settled (SS)
PROPOSED ZONING DESIGNATIONS:
Recreation Vehicle (R V)
PROPERTY OWNER:
PBP Marina Inc.
AGENT:
Donald L. Craig, AICP
PROPERTY INFORMATION
Key:
Geiger Key
Size:
81,840 Square Feet (1.87 Acres)
Mile Marker:
MM 11 of U.S. Highway No. I
Location Detail & Brief Description:
The Geiger Key Marina property is located in Boca Chica on State Road 4-A on Geiger Key. The
property is approximately 4 miles from US HWY 1, which lies to the north and is situated between
the Atlantic Ocean to the south and State Road 4-A to the north. State Road S-941 which leads
neighborhood traffic from US HWY 1 intersects Geiger Road. The subject property is located at 5
Map Amendment SS to R V -BOCC SR
Geiger Key Marina. 00122160.000000
Page ] of J 3
Geiger Road, and is described as Boca Chica Part Government Lot 6, Section 26, Township 67
South, and Range 26 East. The Real Estate number is 00122160.000000.
Figure 1: Geiger Key Marina
Existing Use:
Geiger Key marina began as a marina and
boat dock in 1969. In 1976 recreational
vehicle (R V) spaces and additional
commercial area including laundry and
apartments were added. The existing
development at Geiger Key Marina consists
of a restaurant and a bar of approximately
2000 sq. ft. The site contains 36 RV spaces
with a store. There are three apartments, one
over the two-story restaurant and the others
over the laundry buildings. The marina
consists of a boat ramp and approximately
737 linear feet of seawall. The subject
property is currently operating as a marina/recreational vehicle park. The rezoning will allow the
existing use to continue. The rezoning will make the parcel conforming which creates a potential for
future development and redevelopment of the site.
Figure 2: View inside the Geiger Key Marina
Existing Habitat:
The habitat of the subject properties is
classified as disturbed with exotic landscape
plants. The site contains a dredged boat basin
and shoreline which are defined as altered for
setback purposes. The lots are served by all
public utilities and are not considered habitat
for any listed animal species or located
within an acquisition area for preservation.
The lots fall predominately within the AE 10
flood zone except for a narrow strip ofVE 11
near the boat basin per FIRM panel 1734,
effective, date March 3, 1997.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
Sheet 36 of the 1985 Existing Conditions Aerials show the habitat code to be 740, which indicates
that the site is disturbed.
Map Amendment SS to RV-BOCC SR
Geiger Key Marina. 00122160.000000
Page 2 of 13
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-..,......,. ,...
Figure 3. State Road 4-A
ZONING AND LAND USE HISTORY
Pre-1986 Zoning:
Neighboring Land Uses and Character:
Geiger Key Marina is located within an area
that is zoned and subdivided primarily for
residential use. Most of the area to the west,
north, and northeast of the site is zoned
Sparsely Settled (SS) the allocated density
for the SS zone is 0.5 units/acre. Therefore, a
minim of two acres lot is needed to build a
house. Also to the west is Tamarak Park and
Geiger Mobile Home Subdivision in an area
zoned Urban Residential and Mobile Home
(URM). The rest of the Geiger Key is
military land that is owned by Boca Chica
Naval Air Station.
In 1965 Geiger Key Marina was zoned BU (Neighborhood Retail Business District). This zoning
designation remained until May 1973 when the first legal zoning ordinance (Ordinance # 1-1973)
came into effect which designated Geiger Key Marina as Mobile Home Park Residential District
(RU-5P). The purpose of RU-5P zone was a district for mobile homes in approved parks where the
lots are not individually owned but are occupied as single family dwelling. The intent was to create
an environment of residential character, designed to enhance living conditions and permitting only
those uses, activities, and services which were compatible with the residential environment.
Principal uses that were permitted in RU-5P districts included:
. Parking and occupancy of mobile homes;
· Service buildings, including bath, toilet and laundry facilities for park occupants;
. Lounge, recreational buildings, areas, and facilities;
· Office and living accommodations for park manager and the immediate family;
. Storage buildings; and
· The sales of new and used mobile homes under certain conditions.
Operating as a marina, Geiger Key Marina was a nonconforming use under this land use district.
The 1973 Ordinance designated the RU-6 zone as Recreational Vehicle Park District (RV), where
parks were intended to provide only short-term occupancy by tourists. Marinas were permitted as
accessory uses.
In 1976, Geiger Key Marina added RV spaces and additional commercial area, including laundry
and apartments. Therefore, expanded the nonconformity by operating as an RV park.
Map Amendment SS to RV-BOCC SR
Cieiger Ke:- Marina. 00122160.000000
Page 3 or 13
Figure 4: Looking inside the RV Park
Considerations During the 1986
Comprehensive Plan Process:
In September 1986, when the Comprehensive
Plan came into effect, Geiger Key Marina as
well as the surrounding areas were rezoned to
Sparsely Settled District (SS). Although
marinas are permitted as major conditional
uses, R V parks are nonconforming uses in SS
district.
Considerations During the 2010
Comprehensive Plan Process:
During the 2010 Comprehensive Plan process,
the Future Land Use MAP (FLUM) categories
were introduced. Initially, Geiger Key Marina
received the Residential Low (RL) designation. In May 1992, in a letter to the Planning
Department, the owners (Coon and Boydston) argued that their property in Geiger Key had been
operating as Marina/bar for 27 years and requested conforming status for possible future
improvements. In October 1992, the Future Land Use Map was amended and Geiger Key Marina
received Mixed Use Commercial (MC) designation in the FLUM.
Changes to Boundary Considerations Since 1986:
No recorded boundary changes were found for the Geiger Key Marina.
ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b):
Changed Projections or Assumptions: None.
Data Errors: None.
New Issues: None.
Recognition of a Need for Additional Detail or Comprehensiveness:
The standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan stipulate that all
properties with the zoning classification Recreational Vehicle (R V) shall have the corresponding
FLUM category of Mixed Use/Commercial (MC). Geiger Key Marina has a FLUM category of
Me.
In this map amendment, assumption is made that because the FLUM corresponds with the existing
Map Amendment SS to RV-BOCC SR
Cieiger Key Marina. 00122160.000000
Page 4 of 13
use of the property, there is a need to bring the Land Use District Map designation into conformity
with the FLUM.
Based on Chapter 163.3177(6)(a) of the Florida Statutes, Future Land Use Map illustrates the
proposed distribution, location, and extent of various categories of land uses in a future land use
plan. The future land use plan is just one of the several elements of Comprehensive Plan. It
designates proposed future general distribution, location, and extent of the uses of land for different
type of uses.
Chapter 380.031 of the Florida Statues states that the definition of "Development Permit" includes
zoning permit and rezoning. Therefore, a zoning change should support and implement the Land
Development Regulations. Although, based on Chapters 163.3201 and 163.3201 of the Florida
Statues, Land development regulations must be in compliance with and implement the adopted local
Comprehensive Plan, according to Chapter 163.3213 2 (b), the definition of "Land development
regulation" does not include a zoning map, "an action which results in zoning or rezoning of land."
Therefore, rezoning a property on the assumption that it should correspond with the Future Land
Use Map designation is not a valid argument.
IMPACT AND POLICY ANALYSIS
Comparison of Development Potential for the Current and Proposed Land Uses:
1. Current Land Development Regulations (LDR's)
Section 9.5-209 states that the purpose of the Sparsely Settled Residential District (SS) is to
establish areas of low-density residential development where the predominant character is native or
open space land.
Uses pennitted as-ofright include:
. Detached residential dwellings;
. Beekeeping;
. Home occupations;
· Accessory uses; and
· Wastewater nutrient reduction cluster systems that serve less than ten (10) residences.
Uses pennitted as minor conditional uses include:
. Attached residential dwelling units;
. Public or private community tennis cotn1:s and swimming pools;
. Public buildings and uses; and
Map Amendment 55 to RV-BOCC 5R
Geiger Key Marina, 00122160.000000
Page 5 of 13
. Paries and commw1ity paries.
Uses permitted as mqjor conditional uses include:
. Attached residential dwelling w1its;
. Marinas;
. Agricultural uses;
. Solid waste facility;
. Commw1ications towers; and
. Stealth wireless commw1ications facilities, as accessory uses.
The Future Land Use Category that corresponds with Sparsely Settled district is Residential Low (RL). The
existing PLUM is Mixed Use/Commercial (MC).
2. Potential Land Uses With Proposed Map Amendment
Section 9.5-215 states the purpose of the RV is to establish areas suitable for the
development of destination resorts for recreational vehicles. This district contemplates
developments that provide on-site recreational, commercial and resort facilities.
Allowable uses as-of-right under Section 9.5-244, Recreational Vehicle District include:
. Recreational vehicle spaces;
. Commercial retail uses ofless than twenty-five hundred (2,500) square feet of floor area;
. Accessory uses, including permanent owner/employee residential dwelling units.
Uses permitted as minor conditional uses:
. Hotels providing less than fifty (50) rooms; and
. Parks and community parks.
Uses permitted as a major conditional uses:
. Hotels providing fifty (50) or more rooms;
. Marinas; and
. Stealth wireless communications facilities, as accessory uses.
Compatibility With Adjacent Land Uses and Effects on Community Character:
Section 9.5-511 prohibits any map amendments that would negatively impact community character.
The community character of the neighborhood is low density residential. Geiger Key Marina is the
Map Amendment SS to RV-BOCC SR
Geiger Key Marina, 00122160.000000
Page 6 of 13
only mixed-use commercial facility in and around the neighborhood. Furthermore, the proposed
map amendment is in conflict with the community character based on the following findings:
Density and Intensity
The subject property is 1.87 acres (81,840 sq. ft.) in size. The maximum number of RV's permitted
in RV district is 15 RV spaces per acre. Currently there are 36 RV spaces on this property. In
addition, several visits to the site indicated at least two live aboard vessels docked in the marina.
Also existing on this property is approximately 3,200 sq. ft. of commercial floor space, 1,800 sq. ft.
of residential use in three separate apartments units, and 1,200 sq. ft. area designated for the sewage
treatment plant. The commercial use includes a laundry, and a restaurantlbar in a non-conforming
structure as to the shoreline setback.
Land Use District
Sparsely Settled
Maximum Net Density
UlBuildable Area
o
Recreational
Vehicle District
15.0 RV or Campground
s ace er buildable acre
With 36 RV spaces, the site is over density.
If the rezoning is established, the following requirements of the LDR's must be met before any
substantial improvement:
. A 20-foot shoreline setback is required along the 731 linear feet of altered shoreline;
. A Class E district buffer yard (at least 30 feet wide);
. 20% of the lot must remain as open space; and
· One parking space per RV pad, 15 parking spots per 1,000 sq. ft. gross floor area (gfa) of
restaurant; 10 parking spaces per 1,000 sq. ft. gfa of bar or lounge; 2.0 parking spaces for each
single family home; and handicap parking as required by LDR's.
However, Geiger Key Marina is restricted for further development and redevelopment based on the
following considerations:
(1). The site is located under the flight path of the nearby Boca Chica Naval Air Station. Based on
Section 9.5-252(C)(3)h, privately owned properties adjacent to the Naval Air Station, Boca
Chica, also known as NAS Key West, shall be developed in accordance with the map prepared
by the U.S. Navy known as figure A or as updated by the U.S. Navy. This map was prepared in
conjunction with the United States Navy's Air Installation Compatible Use Zone Study
(AICUZ). Geiger Key Marina is within the C2 zone of the adopted map. Based on Section 9.5-
252(C)(3)h(iii)4, the C2 zone represents accident potentials and modest noise from the airplane
flying in and out of the Naval Air Station. Under the AICUZ C2 zone, Geiger Key Marina shall
not be permitted to be developed or redeveloped for new residential (transient or permanent),
Map Amendment 55 to RV-BOCC 5R
Geiger Key Marina, 00122160.000000
Page 7 of 13
commercial (resort related), institutional (educational, medical related), and recreational (sports
arena, concert hall) uses.
In a letter dated December 14,2001, in opposition to the zoning change the Commander of the
Naval Air Facility in Key West stated that rezoning the Geiger Key Marina to RV will create a
potential for upgrading to hotel or resort. This potential according to the letter, is considered
"New Development" and not in keeping with the County Land Development Regulations.
(2).On page 7-1 of the Year 2010 Comprehensive Plan Technical Document, it is observed that
between 1980 and 1990, housing units classified as mobile homes, trailers and others increased
to approximately 33% of the total housing in Monroe County. Recreational vehicle parks in RV
zones are considered by the County as a form of commercial transient use (planning Director's
Policy 99-4).
Effective May 22, 1998, Land Development Regulations were adopted, as directed by Policy
101.2.6 of the Comprehensive Plan, which prohibit new transient residential units, including
hotel or motel rooms, campground spaces, or spaces for parking recreational vehicles and travel
trailers.
(3).Additionally, the County has instituted a deferred permitting of nonresidential developments
since January 4, 1996 pursuant to Policy 101.3.1, which directs Monroe County to maintain a
balance between residential and non-residential growth by limiting the gross square footage of
non-residential development over the 15 year planning horizon in order to maintain a ratio of
approximately 239 square feet of non-residential development for each new residential unit
permitted through the Permit Allocation System.
Use Compatibility
The Use as a marina existed since 1965 and as an RV park since 1976. However, this use is
incompatible with neighboring uses. Changing the land use district to Recreational Vehicle district
will allow the incompatibility to continue.
Local Traffic and Parking
The proposed rezoning will have no impact on the existing conditions. Roads are already in place
and have been well maintained. Traffic volume is exceedingly low as the Old State Road 4-A
terminates a short distance from the Geiger Key Marina. The site plan indicates that the parking
standards of the Monroe County Code can be met.
Effects on Natural Resources:
As an existing development on a primarily scarified land, the proposed rezoning will have no
negative impact on natural resources.
Effects on Public Facilities: Objective 101.11 of the 2010 Plan requires the County to direct future
growth away from environmentally sensitive land and towards established development areas
Map Amendment SS to RV-BOCC SR
Geiger Key Marina, 00122160.000000
Page 8 of 13
served by existing public facilities. The proposed zoning change supports Objective 101.11 based
on the following fmdings of the 2001 Public Facilities Capacity Assessment Report and the listed
programs on stormwater and wastewater: r<
TraffIC Circulation
U.S. Highway No. 1 is required to maintain a level of service (LOS) of C in order to support
additional development. The LOS at segment 4 is between B and C, which is adequate to serve
existing and proposed uses. This level of service will not be significantly affected by allowing a
change in zoning from Sparsely Settled (SS) to Recreational Vehicle District (RV).
Solid Waste
The existing solid waste haul out contract with Waste Management Inc. will provide Monroe
County with guaranteed capacity to 2006. In addition to this contract, the 180,000 cubic yard
reserve at the County landfill on Cudjoe Key would be sufficient to handle the County's waste
stream for an additional four to five years (at current tonnage levels), should the County choose to
discontinue haul out as the means of disposal. The combination of existing haul-out contract and the
space available at the Cudjoe Key landfill provides the County with sufficient capacity to
accommodate all existing and approved development for ten to eleven years. Therefore, the
proposed zoning change is not expected to have a significant effect on solid waste generation or
removal.
Potable Water
The Florida Keys Aqueduct Authority's existing consumptive use permit authorizes the withdrawal
of sufficient quantities to meet the demand anticipated for 2001. Monroe County's Public Facilities
Capacity Assessment indicates that there are over 100 gallons of water available per person per day.
The 100 gallons per person per day standard is commonly accepted as appropriate and is reflected
in Policy 701.1.1 of the Year 2010 Comprehensive.
Stormwater
No increase in stormwater runoff will result from this zoning change. Section 9.5-293 of the Land
Development Regulations requires that all developments retain stormwater on site following Best
Management Practices (BMP's).
Effects on RedevelopmentlInfill Potential:
Geiger Key Marina has been in existence for over 35 years and it is the intention of the owners to
continue to operate the subject properties as an RV park. According to the applicant, the rezoning is
necessary to bring the property into compliance and permit future development and redevelopment
of the property in case of damage or destruction of the property after a disaster. Geiger Key Marina
as well as the neighboring properties that are located within the C2 zone of the adopted AICUZ map
can not be further developed or redeveloped for new residential (transient or permanent),
commercial (resort related), institutional (educational, medical related), and recreational (sports
arena, concert hall) uses.
Map Amendment SS to RV-BOCC SR
Geiger Key Marina, 00122160.000000
Page 9 of 13
FINDINGS OF FACT
!:
1. Section 9.5-511(d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. This map amendment recognizes a need for comprehensiveness in planning (Section 9.5-
511(d)(5) b.(v) of the MCC). The application was initiated by the applicant's agent in order to
rezone the subject property to a land use district that represents the historic use of the property
and corresponds with the FLUM designation.
3. Pre-1986 zoning of the subject property was Mobile Home Residential District (RU-5P). The
purpose of RU-5P zone was a district for mobile homes in approved parks where the lots were
not individually owned, but occupied as single family dwellings.
4. During the 1986 Comprehensive Plan process, the land use (zoning) district designation of the
subject property was changed to Sparsely Settled Residential District (SS).
5. Section 9.5-209 states that the purpose of the Sparsely Settled Residential District is to establish
areas of low-density residential development where the predominant character is native or open
space lands. RV parks are non-conforming uses in this land use district.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shows that
areas around the Geiger Key Marina that were zoned SS, received a FLUM designation of
Residential Low (RL), consistent with their zoning district. However, Geiger Key Marina
received Mixed Use/Commercial (MC) designation.
7. Based on Policy 101.4.5 of the Comprehensive Plan, the principal purpose of the Mixed
Use/Commercialland use category is to provide for the establishment of commercial zoning
districts where various types of commercial retail and office uses may be permitted at intensities
which are consistent with the community character and the natural environment. This land use
category is also intended to allow the establishment of mixed-use development patterns, where
appropriate.
8. The Mixed Use/Commercial (MC) FLUM category corresponds with the requested Recreational
Vehicle (RV) land use designation, but not with the Sparsely Settled Residential District (SS).
9. Section 9.5-215 of MCC states that the purpose of the Recreational VehiCle (RV) land use
district is to establish areas suitable for the development of destination resorts or recreational
vehicles. This district contemplates developments that provide on-site recreational, commercial,
and resort facilities.
10. Based on the documented evidences and the Site Plan submitted by the applicant, there are 36
RV spaces on this property as of November 15,2001.
Map Amendment 55 to RV-BOCC SR
Geiger Key Marina. 00122160.000000
Page 10 of ] 3
11. Objective 101.11 of Comprehensive Plan states that Monroe County shall ensure that at the
time a development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of such
development.
12. The 2001 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
13. Goal 102 of the Comprehensive Plan states that Monroe County shall direct future growth to
lands which are intrinsically most suitable for development and shall encourage conservation
and protection of environmentally sensitive lands. The proposed map amendment proposes no
additional density or intensity on the site and no expansion of the development into the
environmentally sensitive lands.
14. The site is located under the flight path of the nearby Boca Chica Naval Air Station. Based on
Section 9.5-252(C)(3)h, privately owned properties adjacent to the Naval Air Station, Boca
Chica, also known as NAS Key West, shall be developed in accordance with the map prepared
by the U.S. Navy known as figure A or as updated by the U.S. Navy. This map was prepared in
conjunction with the United States Navy's Air Installation Compatible Use Zone Study
(AICUZ). Geiger Key Marina is within the C2 zone of the adopted map. Based on Section 9.5-
252(C)(3)h(iii)4, the C2 zone represents accident potentials and modest noise from the airplanes
flying in and out of the Naval Air Station (NAS). Under the AICUZ C2 zone, Geiger Key
Marina shall not be permitted to be developed or redeveloped for new residential (transient or
permanent), commercial (resort related), institutional (educational, medical related), and
recreational (sports arena, concert hall) uses.
15. Based on a letter in opposition to the zoning change dated December 14, 2001 from the
Commander of the Naval Air Facility in Key West, rezoning the Geiger Key Marina to RV will
create a potential for upgrading to hotel or resort. This potential according to the letter, is
considered "New Development" and not in keeping with the County Land Development
Regulations.
16. Based on Chapter 380.031 of the Florida Statues, the definition of "Development Permit"
includes zoning permit and rezoning. Therefore, a zoning change should support and implement
the Land Development Regulations.
17. Based on Chapters 163.3201 and 163.3201 of the Florida Statues, Land development
regulations shall be in compliance with and implement the adopted local Comprehensive Plan.
18. Based on Chapter 163.32132 (b) "Land development regulation" means an ordinance enacted
by a local governing body for the regulation of any aspect of development, including a
subdivision, building construction, landscaping, tree protection, or sign regulation or any other
regulation concerning the development of land. This term shall include a general zoning code,
but shall not include a zoning map, an action which results in zoning or rezoning of
land.. ..
Map Amendment SS to RY-BOCC SR
Geiger Key Marina, 00122160.000000
Page II of 13
19. Based on Chapter 163.3177(6)(a) of the Florida Statutes, Future Land Use Map illustrate the
proposed distribution, location, and extent of various categories of land use in a future land use
plan. The Future land use plan is just one of the several elements of comprehensive plan. It
designates proposed future general distribution, location, and extent of the uses of land for
different type of uses.
20. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
21. The community character of the neighborhood is low density residential. Geiger Key Marina is
the only mixed use/commercial facility in and around the neighborhood.
CONCLUSIONS OF LAW
1. The Future Land Use Map is just one of the elements of the Year 2010 Comprehensive Plan
which shows only the proposed future general distribution, location, and extent of the uses of
land for different type of uses.
2. Rezoning of a property on the basis of corresponding with the Future Land Use Map of the
Comprehensive Plan is not a valid assumption.
3. Determination of granting a development permit (including rezoning) is based on the
consistency of the proposal with applicable Land Development Regulations and the overall
intent of the Comprehensive Plan.
4. The applicant has not sufficiently proven that the requested map amendment would be
consistent with the overall intent of the Year 2010 Comprehensive Plan.
5. The proposed map amendment does not meets the requirements outlined in Section 9.5-511 of
the Land Development Regulations and will negatively impact and alter the character of the
surrounding community.
6. The site is located in the C2 zone of the adopted AICUZ map which represents accident
potentials and modest noise from the air traffic of the Naval Air Station in Boca Chica.
Therefore, granting the requested rezoning could "potentially" put public's health and safety at
risk.
7. Based on a letter in opposition to the zoning change dated December 14,2001 from the
Commander of the Naval Air Facility in Key West, rezoning the Geiger Key Marina to RV will
create a potential for upgrading to hotel or resort. This potential according to the letter, is
considered "New Development" and not in keeping with the County Land Development
Regulations.
8. Based on the Finding of Facts presented, neither the proposed, nor the existing land use
designations are appropriate for this property. In the process of determining more appropriate
Map Amendment SS to RV-BOCC SR
Geiger Key Marina, 00122160.000000
Page ] 2 of 13
land use designations for the site, the Findings of Fact and Conclusions of Law shall be used to
guide the Staff.
RECOMMENDATION
Based on the Findings of Fact and Conclusions of Law, the Planning Commission recommends
DENIAL to the Board of County Commissioners of the proposed Official Land Use District Map
amendment from Sparsely Settled (SS) to Recreational Vehicle (RV) District.
Map Amendment SS to RV-BOCC SR
Geiger Key Marina, 00122160.000000
Page 13 of ) 3
Planning Commission Resolution
RESOLUTION NO. P02-02
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING DENIAL TO THE BOARD
OF COUNTY COMMISSIONERS OF THE REQUEST BY PBP
MARINA INC. TO AMEND THE LAND USE DISTRICT
(ZONING) MAP FROM SP ARSEL Y SETTLED RESIDENTIAL
DISTRICT (SS) TO RECREATIONAL VEHICLE (RV) FOR
THE PROPERTY DESCRIBED AS PART OF GOVERNMET
LOT 6, SECTION 26, TOWNSHIP 67 SOUTH, AND RANGE
26 EAST, ALSO KNOWN AS GEIGER KEY MARINA AND
RV PARK, GEIGER KEY, MONROE COUNTY, FLORIDA,
AT APPROXIMATELY MILE MARKER 10.7.
WHEREAS, the Monroe County Planning Commission, during a regular meeting held on
January 9, 2002, conducted a review and consideration of the request filed by PBP Marina Inc. to
amend the zoning map from Sparsely Settled Residential District (SS) to Recreational Vehicle (RV)
land use district for the Geiger Key Marina. The subject property is located at 5 Geiger Road, in
Section 26, Township 67 South, and Range 26 East, Monroe County, Florida, having the Real
Estate identification number 00122160.000000; and
WHEREAS, the Planning Commission examined the following information:
1. The application from PBP Marina, Inc. to change the Land Use District (zoning) map
from Sparsely Settled Residential District (SS) to Recreational Vehicle (RV); and
2. Sworn testimony from applicant's attorney and agent; and
3. Sworn testimony of Rebecca Jetton, Community Program Administrator of DCA; and
4. A folder submitted by the applicant's agent containing petitions by some of the
residents of Geiger Key, Rockland Key, and Big Coppit Key in support of the
application, as well as, notices to the residents of Geiger Key Marina and RV Park;
and
5. The staff report prepared by Aref Joulani, Senior Planner and Dianna Stevenson,
Biologist, dated December 6, 2001; and
6. Sworn testimony of the Growth Management Staff; and
7. Advice from John Wolfe, the Planning Commission Council; and
8. Comments from local residents and concerned citizens; and
9. Letter of opposition to the requested rezoning from the Commander of the Naval Air
Facility in Key West; and
P02-02
Page I of5
Initials -rx.-P-
WHEREAS, the Planning Commission made the following Findings of Fact:
1. Section 9.5-511(d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. This map amendment recognizes a need for comprehensiveness in planning (Section 9.5-
511(d)(5) b.(v) of the MCC). The application was initiated by the applicant's agent in order to
rezone the subject property to a land use district that represents the historic use of the property
and corresponds with the Future Land Use Map designation.
3. Pre-1986 zoning of the subject property was Mobile Home Residential District (RU-5P). The
purpose of RU-5P zone was a district for mobile homes in approved parks where the lots were
not individually owned, but occupied as single family dwellings.
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
property was changed to Sparsely Settled Residential District (SS).
5. Section 9.5-209 ofMCC states that the purpose of the Sparsely Settled Residential District is to
establish areas of low-density residential development where the predominant character is
native or open space lands. RV parks are non-conforming uses in this land use district.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan (Comp Plan)
shows that areas around the Geiger Key Marina that were zoned SS, received a Future Land Use
Map designation of Residential Low (RL), consistent with their zoning district. However,
Geiger Key Marina received Mixed Use/Commercial (MC) designation.
7. Based on Policy 101.4.5 of the Comp Plan the principal purpose of the Mixed Use/Commercial
land use category is to provide for the establishment of commercial zoning districts where
various types of commercial retail and office uses may be permitted at intensities which are
consistent with the community character and the natural environment. This land use category is
also intended to allow the establishment of mixed-use development patterns, where appropriate.
8. The Mixed Use/Commercial (MC) future land use category corresponds with the requested
Recreational Vehicle (RV) land use designation, but not with the Sparsely Settled Residential
District (SS).
9. Section 9.5..215 of MCC states that the purpose of the Recreational Vehicle (RV) land use -
district is to establish areas suitable for the development of destination resorts or recreational
vehicles. This district contemplates developments that provide on-site recreational, commercial,
and resort facilities.
10. Based on the documented evidences and the Site Plan submitted by the applicant, there are 36
RV spaces on this property as of November 15,2001.
P02-02
Page 2 of5
Initials DelL.,
11. Objective 101.11 of Comp Plan states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the development
at the adopted level of service standards concurrent with the impacts of such development.
12. The 2001 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
13. Goal 1 02 of the Comp Plan states that Monroe County shall direct future growth to lands which
are intrinsically most suitable for development and shall encourage conservation and protection
of environmentally sensitive lands. The proposed map amendment proposes no additional
density or intensity on the site and no expansion of the development into the environmentally
sensitive lands.
14. The site is located under the flight path of the nearby Boca Chica Naval Air Station. Based on
Section 9.5-252(C)(3)h, privately owned properties adjacent to the Naval Air Station, Boca
Chica, also known as NAS Key West, shall be developed in accordance with the map prepared
by the U.S. Navy known as figure A or as updated by the U.S. Navy. This map was prepared in
conjunction with the United States Navy's Air Installation Compatible Use Zone Study
(AICUZ). Geiger Key Marina is within the C2 zone of the adopted map. Based on Section 9.5-
252(C)(3)h(iii)4, the C2 zone represents accident potentials and modest noise from the airplanes
flying in and out of the Naval Air Station (NAS). Under the AICUZ C2 zone, Geiger Key
Marina shall not be permitted to be developed or redeveloped for new residential (transient or
permanent), commercial (resort related), institutional (educational, medical related), and
recreational (sports arena, concert hall) uses.
15. Based on a letter in opposition to the zoning change dated December 14, 2001 from the
Commander of the Naval Air Facility in Key West, rezoning the Geiger Key Marina to RV will
create a potential for upgrading to hotel or resort. This potential according to the letter, is
considered "New Development" and not in keeping with the County Land Development
Regulations.
16. Based on Chapter 380.031 of the Florida Statues, the definition of "Development Permit"
includes zoning permit and rezoning. Therefore, a zoning change should support and implement
the Land Development Regulations.
17. Based on Chapters 163.3201 and 163.3201 of the Florida Statues, Land development
regulations shall be in compliance with and implement the adopted local Comprehensive Plan.
18. Based on Chapter 163.3213 2 (b) "Land development regulation" means an ordinance enacted
by a local governing body for the regulation of any aspect of development, including a
subdivision, building construction, landscaping, tree protection, or sign regulation or any other
regulation concerning the development of land. This term shall include a general zoning code,
but shall not include a zoning map, an action which results in zoning or rezoning of
land.. ..
19. Based on Chapter 163.3177(6)(a) of the Florida Statutes, Future Land Use Maps illustrate the
P02-02
Page 3 of5
Initials ~
proposed distribution, location, and extent of various categories of land use in a future land use
plan. The Future land use plan is just one of the several elements of comprehensive plan. It
designates proposed future general distribution, location, and extent of the uses of land for
different type of uses.
20. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
21. The community character of the neighborhood is low density residential. Geiger Key Marina is
the only mixed use/commercial facility in and around the neighborhood; and
WHEREAS, the Planning Commission made the following Conclusions of Law:
1. The Future Land Use Map is just one of the elements of the Year 2010 Comprehensive Plan
which shows only the proposed future general distribution, location, and extent of the uses of
land for different type of uses.
2. Rezoning of a property on the basis of corresponding with the Future Land Use Map of the
Comprehensive Plan is not warranted.
3. The Monroe County Planning Commission determination of granting a development permit
(including rezoning) is based on the consistency of the proposal with applicable Land
Development Regulations and the overall intent of the Plan.
4. The applicant has not sufficiently proven that the requested map amendment would be
consistent with the overall intent of the Year 2010 Comprehensive Plan.
5. The proposed map amendment does not meet the requirements outlined in Section 9.5-511 of
the Land Development Regulations and will negatively impact and alter the character of the
surrounding community.
6. The site is located in the C2 zone of the adopted AICUZ map which represents accident
potentials and modest noise from the air traffic of the Naval Air Station in Boca Chica.
Therefore, granting the requested rezoning could potentially put public's health and safety at
risk.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, to recommend DENIAL to the Monroe County Board of
County Commissioners of the request filed by PBP Marina Inc. to amend the zoning map from the
Sparsely Settled (SS) land use district to the Recreational Vehicle (RV) land use district for a
property located at 5 Geiger Road, in Section 26, Township 67 South, and Range 26 East, Monroe
County, Florida, having the Real Estate identification number 00122160.000000.
P02-02
Page 4 of5
Initials ~
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida, at a
regular meeting held on the 9th day of January 2002.
Chair David C. Ritz
Vice Chair Denise Werling
Commissioner P. Morgan Hill
Commissioner Jerry Coleman
Commissioner Alicia Putney
YES
YES
NO
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY ~/C fl~
David C. Ritz, Chair J
Signed this (3 iYJ.y ~. 2002
P02-02
Page 5 of5
Initials
Development Review Committee Resolution
RESOLUTION NO. D27-01
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMfITEE RECOMMENDING
APPROVAL TO THE PLANNING COMMISSION OF THE
REQUEST BY PBP MARINA INC. TO AMEND THE LAND
USE DISTRICf (ZONING) MAP FROM SPARSELY
SETTELED (SS) TO RECREATIONAL VEHICLE (RV) FOR
THE PROPERTY DESCRIBED AS PART OF GOVERNMENT
LOT 6, SECTION 26, TOWNSlDP 67 SOUTH, AND RANGE
26 EAST, ALSO KNOWN AS 5 GEIGER ROAD, GEIGER
KEY, MILE MARKER 10.7, MONROE COUNTY, FLORIDA.
WHEREAS, the Monroe County Development Review Committee, during a regular
meeting held on December 6, 2001, conducted a review and consideration of the request filed by
PBP Marina Inc. to amend the zoning map from Sparsely Settled Residential District (SS) to
Recreational Vehicle (RV) land use district for the Geiger Key Marina. The subject property is
located at 5 Geiger Road, in Section 26, Township 67 South, and Range 26 East, Monroe County,
Florida, having the Real Estate identification number 00122160.00000o; and
WHEREAS, the Development Review Committee examined the following information:
1. The application from PBP Marina, Inc. to change the Land Use District (zoning) map
from Sparsely Settled Residential District (SS) to Recreational Vehicle (RV); and
2. The staff report prepared by Aref Joulani, Senior Planner and Dianna Stevenson,
Biologist, dated December 6,2001; and
WHEREAS, the Development Review Committee made the following Findings of Fact:
1. Section 9.S-S11(d)(S) b of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
2. This map amendment recognizes a need for comprehensiveness in planning (Section 9.5-
511(d)(5)b.(v) of the Monroe County Code). The application was initiated by the applicant's
agent in order to rezone the subject property to a land use district that represents the historic use
of the property and corresponds with the Future Land Use Map designation.
3. Pre-1986 zoning of the subject properties was Mobile Home Residential District (RU-SP).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Sparsely Settled Residential District (SS).
5. Section 9.5-209 of the Monroe County Code states that the purpose of the Sparsely Settled
Geiger Key MannalRV Park Dn-Ol
Page 1 of 4
Initials ~
district is to establish areas of low-density residential development where the predominant
character is native or open space land. This designation overlooked the historic use of the
property as a marina and R V park.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive shows that areas
around the Geiger Key Marina that were zoned Sparsely Settled Residential District, received a
Future Land Use Map designation of Residential Low (RL), consistent with their land use.
However, the subject property received Mixed Use/Commercial (MC) designation.
7. Based on Policy 101.4.5 of the Year 2010 Comprehensive Plan the principal purpose of the
Mixed Use/Commercial land use category is to provide for the establishment of commercial
zoning districts where various types of commercial retail and office may be permitted at
intensities which are consistent with the community character and the natural environment. This
land use category is also intended to allow for the establishment of mixed-use development
patterns, where appropriate.
8. The Mixed Use/Commercial (MC) Future Land Use category corresponds with the Recreational
Vehicle (R V) land use district.
9. Section 9.5-215 states that the purpose of the Recreational Vehicle (RV) land use district is to
establish areas suitable for the development of destination resorts or recreational vehicles. This
district contemplates developments that provide on-site recreational, commercial, and resort
facilities.
10. Section 9.5-244 indicates that the Recreational Vehicle (RV) land use district permits
recreational vehicles as-of-right.
11. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
12. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
13. The 2001 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
14. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
15. The proposed map amendment supports Goal 102 as it proposes no additional density or
intensity on the site. There will be no additional impact on environmentally sensitive lands. .
Geiger Key MannalRV Park D27-01
Page :2 of 4
/:
Initials . /",j
16. The site is located under the flight path of the Boca Chica Naval Air Station. The property is
within the C2 zone in the adopted United States Navy's Air InstaUation Compatible Use
Study (AICUZ). The C2 zone represents accident potentials and modest noise from the airplane
flying in and out of the Naval Air Station (NAS). Under the AICUZ C2 zone, Geiger Key
Marina shall not be permitted to be further developed for new residential (transient or
permanent); commercial (resort related); institutional (educational, medical related); and
recreational (sports arena, concert Hall) uses.
17. Based on the documented evidences and the Site Plan submitted by the applicant, there are 36
RV spaces on this property as of November 15,2001; and
WHEREAS, the Development Review Committee made the following Conclusions of
Law:
1. The proposed map amendment meets the requirements outlined in Section 9.5-511(d)(5)b.(v)
and Section 9.5-215 of the Monroe County Land Development Regulations and will not
negatively impact or alter the character of the subject property or the neighborhood.
2. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2001 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
3. There are no additional impacts on environmentally sensitive lands as a result of the proposed
map amendment.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the
Monroe County Planning Commission of the request filed by PBP Marina Inc. to amend the zoning
map from Sparsely Settled Residential District (SS) to Recreational Vehicle (RV) land use district
for Geiger Key Marina and RV Park located at 5 Geiger Road, in Section 26, Township 67 South, and Range 26 East, Monroe County, Florida, having the Real Estate identification number
00122160.00000o.
Geiger Key MannalRV Park D17-01
Page 3 of 4
/
Initials y.
, ".'
PASSED AND ADOPTED by the Development Review Committee of Monroe County,
Florida, at a regular meeting held on the 6th of December 2001.
Fred Gross, DRC Chair YES
Ralph Gouldy, Senior Administrator, Environmental Resources YES
Aref Joulani, Senior Planner YES
Department of Public Works (by FAX) YES
Department of Engineering (by FAX) ~
Department of Health (by FAX) YES
DEVELOPMENT REVIEW.cOMMfITEE OF MONROE COUNTY
BY \ ~J""~ ':)/
Fred Gross, DRC Chair
! 'J ~_.,d (. ... J.. """I
Signed this ,,' day of' ri':- r) I/~ ,I k ~ . ,2002.
'. f
Geiger Key MarinaIRV Park D:27-01
Page 4 of 4
Initials <;;t'f
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