Item T2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 20, 2005
Division:
Growth Management
Bulk Item: Yes
No ---X-
Department: Planning Department
Staff Contact Person: K, Marlene Conaway
AGENDA ITEM WORDING: Public hearing on the request by the PBP Marina Inc. to amend the land use
district (zoning) map from Sparsely Settled (S8) to Recreational Vehicle District (RV) for the property
described as Boca Chica Part of Government 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 Approximately MM 10.7
RE#OO 122160.000000.
ITEM BACKGROUND: This application for a zoning change is again before the BOCC in response to a
Settlement Agreement with the applicant. Previously the BOCC followed the Planning Commission
recommendation to deny the application.. Reasons for the denial included that the proposed map amendment
does not meet the requirements outlined in Section 9.5-511 of the LDRs, will negatively impact and alter the
character of the surrounding community, and the property is in the existing adopted AICUZ. A letter from the
Navy dated December 14, 2004, stated that their concerns were resolved in light of PBP's agreement to place
certain restrictions on the property. The Settlement Agreement merely affords the applicant an opportunity for a
re-hearing and is not a presumption of the outcome of the hearing.
PREVIOUS REVELANT BOCC ACTION: On April 17, 2002 the BOCC denied the zoning change request
ofPBP Marina Inc. PBP sued the County over the decision and the BOCC voted on January 19, 2005 to rehear
PBP's application for a zoning change as part of the Settlement Agreement between the parties,
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Denial
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes NI A No
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty -1L-
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
Not ReqUIred_
DISPOSITION:
AGENDA ITEM #
RE HEARING OF
LAND USE DISTRICT (ZONING)
MAP AMENDMENT REQUEST
OF
GEIGER KEY MARINA INC.
GEIGER KEY, MONROE COUNTY, FLORIDA
AS AGREED TO IN THE SETTLEMENT
AGREEMENT OF CASE NO: CAK-02-561
BOARD OF COUNTY COMMISSIONERS KEY WEST
APRIL 20, 2005
BOCC Ordinanced
Denial
ORDINANCE NO. 2005
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 GOVERNMENT 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 Cornrnissioners, 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, after consideration of the staff report, Planning Commission recommendation
and public testimony at the hearing the Board voted to deny PBP's zoning change request; and
WHEREAS the denial was based on the following: the proposed map amendment does not
meet the requirements outlined in Section 95-511 of the LDRs, the zoning change will negatively
impact and alter the character of the surrounding community, and the property is in the existing
adopted AICUZ; and,
WHEREAS, PBP Marina sued the County over the Board of County Commissioners April
17,2002 denial ofPBP's request to change the current zoning designation from SS to RV; and
WHEREAS, the Board of County Commissioners voted to rehear the PBP's application
for a zoning change on January 19,2005, as a result ofa letter from the Commanding Officer ofthe
Naval Air Station Key West indicating that their concerns were resolved over the zoning change
since PBP has agreed to place certain restrictions on the use and development of the property in
question; and
WHEREAS, a Settlement Agreement was signed between the County and PBP Marina
agreeing to the rehearing of the application on April 20, 2005; the Case (NO: CAK-02-561) will be
held in abeyance until completion of the public hearing on the zoning change request and a decision
on the requested zoning change; and
WHEREAS, the Settlement Agreement simply affords an opportunity for a rehearing and is
not a presumption of the outcome of the hearing; and
Geiger Key Marina BOCC OrdinanceDenial Page 1 of 5
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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
WHEREAS, 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.
3. Pre-1986 zoning of the subject property was Mobile Home Residential District (RU-SP). 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 ofthe Sparsely Settled Residential District is to
establish areas of low-density residential development where the predominant character is
native or open space lands. R V 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
Geiger Key Marina BOCC OrdinanceDenial Page 2 of 5
Initials
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 evidence 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 indicate 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
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 9.5-260(a)(2)a, 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-
260(a)(2)a3v, 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 from the Cornrnander of the Naval Air Facility in Key West of December 14,
2004, the Navy will withdraw their opposition, as detailed in their letter of December 14, 2001,
to the zoning change, if PBP marina agrees to sign and record a Declaration of Restrictive
Covenant Regarding Use of Land which would limit the future use of the property, so it would
be compatible with operations of the Naval Air Station Key West.
Geiger Key Marina BOCC OrdinanceDenial Page 3 of 5
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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.
IS. 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) ofthe 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
WHEREAS, the Board of County Commissioners 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 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.
Geiger Key Marina BOCC OrdinanceDenial Page 4 of 5
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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 ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT
Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described 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.
Section 3. 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 ofthis ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. This ordinance shall be filed in the Office of the Secretary of the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting held on the day of , AD., 2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Murray E. Nelson
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
~ corSw';o;r-
~~l
," . ./, ~ J...t. . O~
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Dill:
Deputy clerk
Geiger Key Marina BOCC OrdinanceDenial Page 5 of 5
lni tials
BOCC Ordinance
Approval
ORDINANCE NO:
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY PBP MARINA INC. TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM SP ARSEL Y SETIELED
(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 5 GEIGER ROAD, GEIGER KEY, MILE
MARKER to.7, MONROE COUNTY, FLORIDA.
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, after consideration of the staff report, Planning Commission recommendation
and public testimony at the hearing the Board voted to deny PBP's zoning change request; and
WHEREAS the denial was based on the following: the proposed map amendment does not
meet the requirements outlined in Section 9.5-511 of the LDRs, the zoning change will negatively
impact and alter the character of the surrounding community, and the property is in the existing
adopted AICUZ; and,
WHEREAS, PBP Marina sued the County over the Board of County Commissioners April
17,2002 denial ofPBP's request to change the current zoning designation from SS to RV; and
WHEREAS, the Board of County Commissioners voted to rehear the PBP's application
for a zoning change on January 19, 2005, as a result of a letter from the Commanding Officer of the
Naval Air Station Key West indicating that their concerns were resolved over the zoning change
since PBP has agreed to place certain restrictions on the use and development of the property in
question; and
WHEREAS, a Settlement Agreement was signed between the County and PBP Marina
agreeing to the rehearing of the application on April 20, 2005; the Case (NO: CAK-02-561) will be
held in abeyance until completion of the public hearing on the zoning change request and a decision
on the requested zoning change; and
WHEREAS, the Settlement Agreement simply affords an opportunity for a rehearing and is
not a presumption of the outcome of the hearing; and
(xn"nn
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
D27-0l; and
WHEREAS, based on the recommendation of the Development Review Committee, the
staffrecommended 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
WHEREAS, the Board of County Commissioners made the following Findings of Fact:
1. Section 9.5-511(d)(5) 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-
51l(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-l986 zoning of the subject properties was Mobile Home Residential District (RU-5P).
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
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 RV park.
6. The Future Land Use Map ofthe 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.
Geiger Key Marina HaeC Approval
Page 1 ofS
Initials
S. The Mixed Use/Commercial (MC) Future Land Use category corresponds with the Recreational
Vehic1e (RV) 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
stonnwater 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.
l6. The site is located under the flight path of the nearby Boca Chica Naval Air Station. Based on
Section 9.5-260(a)(2)a, 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-
260(a)(2)a3v, 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.
l7. Based on a letter from the Commander of the Naval Air Facility in Key West of December 14,
2004, the Navy will withdraw their opposition, as detailed in their letter of December l4, 200l,
to the zoning change, if PBP marina agrees to sign and record a Declaration of Restrictive
Geiger Key Marina BOCCApproval
Page 3 of 5
Initials
Covenant Regarding Use of Land which would limit the future use of the property, so it would
be compatible with operations of the Naval Air Station Key West.
IS. 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 Board of County Commissioners 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 ofthe 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. The proposed map amendment supports Objective 101.1 ofthe Monroe County Year 2010 Plan
based on the findings of the 2004 Public Facilities Capacity Assessment Report. There are no
significant concerns regarding impacts on public facilities.
4. There are no additional impacts on environmentally sensitive lands as a result of the proposed
map amendment.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT
Section l. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described property which is zoned Sparsely Settled (SS) shall be zoned
Recreational Vehicle District (RV) as shown on the attached map, which is hereby incorporated by
reference and attached as Exhibit 1.
Section 3. If any section, subsection, sentence, clause, item, change or provision ofthis ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. This ordinance shall be filed in the Office of the Secretary of 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.
Geiger Key Marina BOeC Approval
Page 4 of5
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting held on the day of , A.D., 2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Murray E. Nelson
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
MA YORJCHAIRPERSON
(SEAL)
ATTEST: DANNY L.KOLHAGE,CLERK
MONROE COUNTY ATTORNEY
AP~V~ A~ TO FORM
~ ,+,!. ()~
DEPUTY CLERK
.1':
Geiger Key Marina BOeC Approval
Page 5 01'5
Initials
Exhibit 11
Proposed Land Use District Map Key: ~Key
Amendment: Street Map Mile Marker: 10.7:!:
Proposal: Change Land Use Dis1fd from Sparsely Settied to Recreational Vehicle
Property description: Boca Chica Part Government Lot 6 in Sec. 26. , T wp. fil S. Rge. 26 E. Monroe
County, FIOO1a
Land Use District Map #: 540 MapAmendment# 01-
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Exhibit 11
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Site
The Monroe County Land Use Map is proposed to be
amended as indicated above and briefly described as:
Chanoe l.a1d Use District from SoarseIv Settled to Recreational Veti::le for Boca Chica Part
Government Lot 6 i1 Sec. 26. ,T'M). 67 S. Roe. 26 E. RE # 122170 , Mooroe Coontv. Fbriia, at
approximate mile marKer 10.7
N
Date:
Amendment #:
01-
Sheet #:
540
Staff Report
And Recommendation
MEMORANDUM
TO:
Board of County Commissioners
FROM:
K. Marlene Conaway, Director of Planning
RE:
Geiger Key Marina Zoning Map Amendment
Date:
April 1, 2005
MEETING DATE: April 20, 2005
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:
RalfG. Brookes, Esq.
PROPERTY INFORMATION
Key:
Geiger Key
Size:
8l,840 Square Feet (1.87 Acres)
Mile Marker:
MM 11 of U.S. Highway No. 1
Background
On April 17, 2002 the Board of County Commissioners denied the zoning change request of PBP
Marina Inc. PBP sued the County over the decision and the Board of County Commissioners voted
on January 19, 2005 to rehear PBP's application for a zoning change as part of the Settlement
Agreement between the parties (attached). The Settlement Agreement is to re-hear the application
and is not a presumption of the outcome of the hearing.
.-\~nej~jdrneltt ss To I<\-l-B(}C::-C' ;;~I<
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In the previous action the BOCC denied the application; staff and the Planning Commission had
also recornrnended denial. Reasons for the denial included that the proposed map amendment does
not meet the requirements outlined in Section 9.5-511 of the LDRs, will negatively impact and alter
the character of the surrounding community, and the property is in the existing adopted AICUZ.
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.
The Cornrnanding Officer of the Naval Air Station Key West wrote a second letter on December 14,
2004 (attached), indicating that the Navy will withdraw their opposition to the zoning change, ifPBP
Marina agrees to sign and record a Declaration of Restrictive Covenant Regarding Use of Land
which would limit the future use of the property, so it would be compatible with operations of the
Naval Air Station Key West. The letter stated that the NAS Key West has no objection to the
present use and operation of the Marina, nor does it object to the proposed rezoning so long as there
is no increase of the existing use.
Staff is concerned that approval of the rezoning request based on a Declaration of Restrictive
Covenant is '"Contract Zoning". The County Attorney's office is reviewing the agreement and will
give the Board an opinion of whether or not acceptance of this limitation on possible uses of the
rezoned property is legal under Florida law.
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
Geiger Road, and is described as Boca Chiea 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 (RV) spaces and additional
cornrnercial 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 defmed 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 of VE 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.
Figure 3. State Road 4-A
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 T amarak: 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.
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ZONING AND LAND USE HISTORY
Pre-1986 Zoning:
In 1965 Geiger Key Marina was zoned BU (Neighborhood Retail Business District). This zoning
designation remained until May 1973 when the ftrst 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 R V park.
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, RV 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 Marinalbar 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 (RV) shall have the corresponding
FLUM category of Mixed Use/Commercial (Me). Geiger Key Marina has a FLUM category of
MC.
In this map amendment, assumption is made that because the FLUM corresponds with the existing
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 pennit 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 ofland."
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 permitted 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 mrits;
. Public or private collllmmity tennis courts and swimming pools;
. Public buildings and uses; and
. Parks and community parks.
Uses pennitted as megor conditional uses include:
. Attached residential dwelling mrits;
. Marinas;
. Agricultural uses;
. Solid waste facility;
. Commmrications towers; and
. Stealth wireless communications :facilities, as accessory uses.
The Future Land Use Category that corresponds with Sparsely Settled district is Residential Low (RL). The
existing FLUM is Mixed Use/Commercial (MC).
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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 of less 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
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
l5.0 RoomIRV/Campground
spaces r acre
15.0 R V or Campground
s ace er buildable acre
mendment 5S to R\/-BOCC SI'"
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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 731linear 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, l5 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 9.5-260(a)(2)a" 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-
260(a)(2)a3v, 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),
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.
The Commanding Officer of the Naval Air Station Key West wrote a second letter on December
14, 2004 indicating that the Navy will withdraw their opposition to the zoning change, if PBP
Marina agrees to sign and record a Declaration of Restrictive Covenant Regarding Use of Land
which would limit the future use of the property, so it would be compatible with operations of
the Naval Air Station Key West. The letter stated that the NAS Key West has no objection to the
present use and operation of the Marina, nor does it object to the proposed rezoning so long as
there is no increase of the existing use.
(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).
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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.
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
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:
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
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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 R V 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 ofthe adopted AlCUZ 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.
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-l986 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).
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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/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) 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.
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
storrnwater 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 9.5-260(a)(2)a, 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
SR.
, ;
conjunction with the United States Navis Air Installation Compatible Use Zone Study
(AICUZ). Geiger Key Marina is within the C2 zone of the adopted map. Based on Section 9.5-
260(a)(2)a3v" 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.
l5. Based on a letter from the Commander of the Naval Air Facility in Key West of December 14,
2004, the Navy will withdraw their opposition, as detailed in their letter of December 14,2001,
to the zoning change, if PBP marina agrees to sign and record a Declaration of Restrictive
Covenant Regarding Use of Land which would limit the future use of the property, so it would
be compatible with operations of the Naval Air Station Key West.
16. Based on Chapter 380.031 of the Florida Statues, the defmition of "Development Permit"
includes zoning permit and rezoning. Therefore, a zoning change should support and implement
the Land Development Regulations.
l7. 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 regulationfl 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.
2l. 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.
!\/lar~n3.
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 9.5-5 I 1 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 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
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 staff recommends DENIAL to the
Board of County Commissioners of the proposed Official Land Use District Map amendment from
Sparsely Settled (SS) to Recreational Vehide (RV) District.
SR
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DEPARTMENT OF THE NAVY
NAVAL AIR STATION
PO BOX 9001
KEY WEST FL 33040.9001
11011
Ser NOlSJAl256
December 14, 2004
RalfG. Brookes, Esq.
Attorney for Mr. Bobby Mongelli
1217 E Cape Coral Parkway #107
Cape Coral, FL 33904
Dear Mr. Brookes:
This letter is in response to your letter of January 03, 2003 and subsequent verbal
requests for a statement of "non-objection" by Naval Air Station (NAS) Key West relating to
your current use of the property located at Geiger Key Marina. It is understood that you are.
presently filing a petition/application seeking approval from Monroe County to make repairs
necessary in order to continue your current use of the property located at Geiger Key Marina in a
safe manner. It is also understood that certain zoning restrictions are presently in place that may'
prevent you from making repairs to your property in the event that the property is damaged from
a natural disaster, and that part of your petition/application seeks the ability to rezone for a
conforming use, under such circumstances. Finally, it is understood that you wish to include a
statement of "non-objection" from NAS Key West as part of your petition/application.
All zoning matters, including the approval or denial of petitions/applications to build
and/or repair property, rest squarely with Monroe County and the State of Florida. Naval Air
Station Key West makes no assertion of any authority relating to the approval or denial of such
matters. However, zoning issues in and around Key West are of vital importance to the
operations of this air station and gamer great interest within this command and the United States ,
Navy. The present Air Installation Compatible Use Zone (AICUZ) for NAS Key West
specifically identifies the property in question, and provides the potential noise and accident data
relating to the area.
You have stated that the Geiger Key Marina consists of a restaurant, m~na and
temporary lodging, and has been in operation in such capacity since the early 1960's. You have
also made clear that you are fully aware of, and understand, the present AICUZ data relating to
this property. It is understood that you are not seeking to change the current use or size of the
operations. at Geiger Key Marina, but rather you are simply seeking approval to make needed
repairs to maintain and update the property. In furtherance of this understanding you have
volunteered to sign and record your Declaration and Restrictive Covenant Regarding Use of
Land proposal which would limit the future use of the property, so that it would be compatible
with operations of Naval Air Station Key West.
1
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.. ' ..
Based upon the above representations, NAS Key West has no objection to the present use
and operation of Geiger Key Marina, nor does NAS Key West object to proposed rezoning to
bring the current Geiger Key Marina uses into conforming use status so 'long as it is conducted
with an understanding of the operating AICUZ with no increase of the existing use as set forth in
paragraph (3) of the proposed restriction. Accordingly, NAS Key West does not object to Mr.
Mongelli's petition to make the repairs necessary to maintain current operations at the Marina
and to ensure proper safety measures have been implemented for the safety of the patrons on the
property.
~.\C.~
Y K. SCHOLL
Commanding Officer
Naval Air Station Key West,
Enclosures: 1. Letter from RalfBrookes, Esq. to NAS Key Westdtd January 3,2003
cc.
George Spehar
Monroe County Commissioner
500 Whitehead Street
Key West, FL 33040
George Neugent
Monroe County Commissioner
25 Ship's Way
Big Pine, FL 33043
Charles McCoy
Monroe County Commissioner
530 Whitehead Street
Key West, FL 33040
David Rice
Monroe County Commissioner
9000 Overseas Hwy
Marathon, FL 33040
Murray Nelson
Monroe County Cornrnissioner
99198 Overseas Hwy
Key Largo, FL 33037
Monroe County Attorney.
502 \Vhitehead Street
Key West, FL 33040
Tim McGarry
Mpnroe County Growth Mgmt. Ofc.
2798 Overseas Hwy
Suite 400
Marathon, FL 33050
Marlene Conway
Monroe County Growth Mgmt. Ofc.
2798 Overseas Hwy
Suite 400
Marathon, FL 330S0
2
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January 3. 2003
Captain Larry Cotton
United States Department of the Navy
Naval Air Facility
P.O. Box 9001
Key West Florida 33040-9001
"
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Ms. lan Hill
Southern Division, Naval Facilities Engineering Command
P.O. Box 190010 "
2155 Eagle Drive
North Charleston, South Carolina 29410-0010
Dear Captain Cotton and Ms. Hill.
I represent Geiger Key Marina, Over time, existing structures at the Marina have fallen '
into disrepair. The owner of Geiger Key Marina would like to make needed repairs, (for
example. repair floors, decking and updated fire protection. etc.;.), The owner intends to
limit current and future uses at the Marina to those. that wilf be compatible with nearby
Boca Chica Naval Air Station. As the local government, Monroe County is empowered
and authorized to approve zoning, land uses and building permits at Geiger Key Marina.
To resolve any potential conflicts in use before they arise in a manner that is mutually
acceptable, Geiger Key Marina will agree to sign and record with Monroe County a
Declaration and Restrictive Covenant containing a specific list of uses that are.
compatible with Boca Chiea Naval Air Station. Please review this specific list of existIng
uses and respond to me with any changes or proposed revisions as soon as possible.
Thank you for you assistance,
_H~~
RalfBrookes, Esq.
1217 E Cape Coral Parkway #107 Cape Coral FL 33904 (239) 910-5464 phone (208) 441.5423 fax
ra 1 f@ralfbrookesattomey.com www.ralfbrookesattomey.com
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DECLARATION AND RESTRICTIVE COVENANT REGARDING USE OF
LAND
This Declaration of Restrictive Covenant (hereinafter referred to as ItDeclaration"),is
executed this _ day of ,200_ by GEIGER KEY MARINA, INC.. its corporate
successors and assigns ("Owner"), and Monroe County, a political subdivision of the
State of Florida ("County") *
(*and the United States Navy, if Navy prefers to be signatory]
RECITALS
WHEREAS, Monroe County is empowered and authorized to approve uses of the subject
land; and.
II
'WHEREAS, O\\'I1er is the owner in fee simple of the real property described in EXHIBIT
itA" operates current existing use(s) known as Geiger Key Marina and intends to maintain
the current existing land uses as set forth in this Declaration; and
WHEREAS, Owner intends to limit current and future uses of the land to land uses at
Gieger Key Marina that will be compatible with Boca Cruca Naval Air Station and
WHEREAS, the parties intend to execute and record this Declaration to run with the land
to ensure present and future compliance with this Declaration;
NOW, THEREFORE, for the benefit of the U.S. Navy and in consideration of the
County's grant of building permits and approvals and other good 'and valuable
consideration, the parties do covenant and agree as follows:-
1. Recitals - The recitals contained above are true and correct and incorporated herein by
reference.
",
2. Purpose of this Declaration - The general pwpose ofthis Declaration is to ensure that
uses on the subject parcel will be limited to uses that the U.S. Navy and Monroe Coun!y
and the Owner agrees are compatible with Boca Chica Air Station. .
,
3. Restrictions - The Owner hereby covenants and agrees and acknowledges that
Gieger Key Marina shall be only used for the following uses:
a. 36 recreational vehicle spaces
b. 3584 square feet of commercial floor area
c. 732 linear feet of seawall providing space for up to 15 boats
d. 4 employee residential units of 2 bedrooms with kitchen.
All other uses allowable under the Monroe County land development regulations
and comprehensive plan at Geiger Key Marina, including any density, intensity or
dwelling unit credits available under ROGO be transferred off-site pursuant ,to any
Monroe COllnty requirements for applicable at the time of proposed transfer.
I,'
, . .
, .
4. Effectiveness of Declaration - Within fotuteen (14) days after the parties have
approved and executed this Declaration, the Owner shall record this Declaration with the
Clerk of the Circuit Court, Monroe County, Florida. The terms set forth in this
Declaration shall be effective on the date of recording.
5. Enforcement - It is expressly understood and agreed that the terms of this Declaration
shall be binding upon and shall inure to all successors in interest to the parties to the
Declaration, and shall run with the land. The parties to this Declaration may institute any,
proceedings at law or equity against any person violating or threatening to violate the
same or against any person allowing a violation to take place. Failure by the Owner, or
the County, or other such party to continue to object to the violation or to enforce any
term of this Declaration shall in no event be deemed a waiver of the right to do SO
thereafter as to the same violation or as to another occurring prior to or subsequent
thereto.
6. Modifications - The Owner and County hereby expressly reserve the right to amend,
rescind or modify any of the restrictions, conditions, covenants, agreements or provisions
contained herein as to all or any part of by mutual written agreement between Omler (or
their heirs, successors and assigns), and Monroe County. The uses allowed under this
restrictive covenant can be reyiewed and amended only by agreement of all the
parties and can be amended, rescinded or modified at any time only by agreement
of all the parties. All instruments executed for the purposes of annulling, waiving;
amending, rescinding, or modifying any of the covenants, agreements provisions, and
restrictions of this declaration shall be recorded in the Public Records of Monroe County,
Florida, No such changes or amendments of any kind shall be made except as herein
provided. No party shall have the right to unilaterally make any such change or
agreement.
7. Duration - The declaration will continue in effect for a period of thirty (30) years
or until the following changed circumstances, whichever is sooner:
3. The noise, safety'sensitive or restrictive areas identified in the AICUZ
map are officially changed by the United States, Department of
Defense to exclude or remove Geiger Key Marina from an AICUZ ~
designation that precludes new development as defined in the AlCUZ
or Monroe County Land Development Regulations; or
b. The Monroe County land development regulations and land use
district map designation, RV (Recreational Vehicle), are officially
changed to allow for additional development on Geiger Key.
8. Entire Agreement - This instrument represents the entire agreement between the
parties, and there are no promises or understandings other than those stated herein. None
of the provisions, terms and conditions contained in this instnunent may be added to,
" .
.'
modified, superseded or otherwise altered except by vmtten agreexp.ent executed by the
parties hereto I
OWNER,
Typed or Printed Name
Telephone Contact #:
NOTARY: Sworn to and subscribed before me this day of
(owner's name and title).
, . 2002, by
By:
Notary Public
Personally known
Identification Produced
or produced Identification
, Type of
IN WI1NESS WHEREOF, The Owner has executed this Declaration this _ day of
2002.
WITNESSES
Typedor Printed Name
Telephone Contact #:
Typed or Printed Name
Telephone Contact #:
I'
MONROE COUNTY
Typed or Printed Name
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
County Attorney
APR-01-05 11,52 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE 2/5
,
"
IN THE CIRCUIT COURT FOR THE SIXTEEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
PBP MARINA, INC.
Petitioner I
v.
CASE NO: CAK-02-561
MONROE COUNlY,
Respondent
/
SETTLEMENT AGREEMENT
Comes now the parties, Petitioner PBP Marina" Inc. (hereinafter "PBP")
and Respondent Monroe County (hereinafter the "County"), by and through the
undersigned counsel, hereby agree to settle the above-captioned matters as
follows:
WHEREAS, PBP has sued the County over thl:! Board of County
Commissioner's April 17, 2002 denial of PBP's request to change its current
zoning designation from sparsely settled ("S8") to recreational vehicle C'RV");
and
WHEREAS, the County's denial of PBP's zoning change request was
based, in part, upon the opposition of the U.S. Navy (Tr. 7, LL 17-24; Ir. 8, LL 5-
9); and
WHEREAS, the Navy's opposition to PBP's zoning change request was
based on concern regarding potential development that was incompatible with
the Navy's Air Installations Compatible Use Zoning study ("AICUZ"), which is
incorporated into the Monroe County Land Development Regulations as 9 9.5-
260; and
WHEREAS, the Commanding OffIcer of Naval Air Station (NAS) Key West
indicated in correspondence dated December 14,2004 that the Navy has
resolved its reservations over PBP's zoning change rf~quest in light of PBP's
agreement to place certain restrictions on the use and development of the
property in question; and
WHEREAS, as a result of the recent change in the Navy's position, the
Board of County Commissioners voted on January 1fl, 2005, to rehear PBP's
application for a zoning change; and
APR-01-05 11,53 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE
3/5
WHEREAS, in the interests of judicial economy and conserving the
resources of the litigants and in order to buy peace in this matter. the parties
have agreed to resolve their differences as set forth below:
NOW THEREFORE, in consideration of the mutual promises and
undertakings contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. The parties shall ask the Court to hold this matter in abeyance so the
Board of County Commissioners may schedule and hold a quasi judicial
hearing on the merits of PBP's application for a zoning request of the
property commonly known as Geiger Key Marina,
2. The County agrees to schedule a duly advertised, public hearing on PBp1s
request for zoning change at the sace meeting scheduled for April 20,
2005, or as soon thereafter as practical.
3, PBP will be responsible for paying the costs incurred for making all
announcements and notifications of the hearing which are required by law-
4. This matter shall be held in abeyance until completion of the public
hearing on PBP's zoning change request subject to the following
contingencies:
a. If the soce approves PBP's zoning change request, PBP shall file a
notice of voluntary dismissal with prejudice within the 30 day period
following the completion of all appeals of and/or challenges to the
BOee's decision, or in the absence of any appeals or challenges, the
expiration of the appropriate time period for filing an appeal and/or
challenge; or
b. If the soce denies PBP's zonlng change request. PBP shall have tht:
right to file an Amended Petition within 30 days of the County's final
administrative action] seeking redress for any complaint that PBP
might have as a result of the County's deniaL
5, The Court shall retain jurisdiction over the parties and this litigation to
ensure compliance with this agreement.
6. Each party agrees to bear its own attorney's fees and costs] which each
occurred to date as a result of this litigation.
7. Each party agrees to waive each and every claim that it raised or could
have raised in this litigation, except as specifically set forth herein.
APR-01-05 11,53 FROM,MONROE COUNTY ATTY OFFICE ID,3052923516
PAGE 4/5
8. Upon execution by both parties, this agreement shall be submitted to thE~
Court for approval.
9. By entering into this Settlement Agreement, the parties do not
acknowledge the merits or lack of merits of these proceedings. Rather,
the parties have entered into this agreement for the purpose of avoiding
further expense and delay inherent in litigation of this nature.
/Lyc~
"3/,..../ Q")
'? It./or
Robert B. Shilling date
FBN: 0513262
Assistant County Attorney
P-o. 80): 1026
Key Wasit, FL 33041-1026
(305) 292-3470
(305) 292-3516
shil1inger-bob~monroecount'i=fl.goy
RaJf G. Brookes date
FBN 0778362
Attorney for Petitioners
1217 E Cape Coral Parkway #107
Cape Coral, Fl 33904
(239) 910-5464
(239) 945-8480 fax
ralf@ralfbrookesattorney.com
APR-01-05 11,53 FROM,MONROE COUNTY ATTY OFFICE 1D,3052823516
PAGE 5/5
IN THE CIRCUIT COURT FOR THE SIXTEEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
PBP MARINA, INC.
Petitioner,
v.
CASE NO: CAK-02-561
MONROE COUNTY.
Respondent
I
ORDER APPROVING SETTLEMENT AGREEMENT
This matter, having come before the Court on the Settlement Agreement
of the Parties, and the Court, having reviewed the S,ettlement Agreement and
being otherwise fully advised of its premises, hereby approves of the settlement
agreement, and it is hereby:
ORDERED and ADJUDGED that this matter shall be held in abeyance
until such time as set forth in paragraph 4 of the Settlement Agreement which is
incorporated by reference herein; and it further
ORDERED that this Court shall retain jurisdiction over this matter to
ensure compliance with the Settlement Agreement.
DONE and ORDERED this C).Y~ay of Marcll, 2005, in chambers, Key
West, Florida.
MARKHJONES
Cirellit Judge
Cc: Ralf Brookes, Esq.
Robert Shillinger, Esq.
RECEIVE!)
MAR 2 9 2005
MONROE COUNTY ATTORNEY
Planning Commission
Recommendation
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 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 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 lO.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 Cornrnission 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
S. 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 1 of5
Initials T:LIL-
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-l986 zoning ofthe subject property was Mobile Home Residential District (RU-5P). The
purpose of RU-SP 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 19S6 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. R V 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 (Me) designation.
7. Based on Policy 101.4.5 of the Comp Plan the principal purpose of the Mixed Use/Cornrnercial
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 (Me) 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 DC~
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 102 ofthe Comp Plan states that Monroe County shall direct future gro\Vth 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 Navis 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, 200t from the
Cornrnander 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) ULand 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 [;x:..I\
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 of 5
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 I FLORIDA
BY ~/C 1l~
David C. Ritz, Chair J
Signedtbis 1~+JaY~2002
P02-02
Page50f5
Initials
Development Review Committee Resolution
RESOLUTION NO. D27-01
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW coMMITTEE RECOMMENDING
APPROVAL TO THE PLANNING COMMISSION OF THE
REQUEST BY PBP MARINA INC. TO AMEND THE LAND
USE DISTRICT (ZONING) MAP FROM SPARSELY
SETIELED (SS) TO RECREATIONAL VEmCLE (RV) FOR
THE PROPERTY DESCRIBED AS PART OF GOVERNMENT
LOT 6, SECTION 26, TOWNSHIP 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 (55) 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, 200 1; 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-
51l(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 MarinalRV Park 017-01
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 RV 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 (Me) 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 MarinalRV Park D27-01
Page 2 of 4
/-
Initials .r ../
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 Installation 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
00 122160.00000o.
Geiger Key MaJinalRV Park D17-01
Page 3 of 4
Initials /~/.
'/!'-
PASSED AND ADOPfED 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 m.
Department of Public Works (by FAX) m.
Department of Engineering (by FAX) m.
Department of Health (by FAX) m.
DEVELOPMENT REVIEW -coMMITTEE OF MONROE COUNTY
I (1
\/" rx:, " '::.- ~/
BY ~\ v
Fred Gross, DRe Chair
'J
J
I h /y t: "" h'~\1
Signed thisi;~ day of r ji 1) If ,,) k i-"; , 2002.
Geiger Key Marina/RV Park D27-0l
Page 4 of 4
Initials af
4/18/0S
NOTE TO FILE:
Per conversation with Waste Management:
Metals are usually picked up on Mondays
Large items such as furniture are picked up on Fridays
Fax was sent by GKM on April 7 requesting pickup of large items. Waste Management
informed that metals and furniture are picked up separately.
WM missed scheduled pickup of metal on 4/11. GKM followed up on request. Metal
was picked up on 4/13.
WM missed pickup offurniture on 4/15 and 4/18 (contractor did not work). GKM
followed up on request. Furniture is scheduled for pickup on 4/19 or 4120.
\.:2-
04/U~/,UU5 ~AT 7: Ul FA.\ 305 296 ~175 Waste J~anagement-FL Keys
~ 001/001
Geiger Key Marina
5 Geiger Road
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I ~"vA. -to ~u8st a sP8d8TpiCIaIp-onar..-o------
Items such as a" r.
ete. PI_ contact me required fee and
Wfiin pickup Is possible.
ntANK yOU.
Jonl
i II
'0l aN Of\>
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Geiger Key Marina
5 Geiger Road
Key West, FL 33040
Phone 305-296-3553
Fax 305-293-9319
Fax Coversheet
Date: 4/12/05
Fax to: Waste Management
Fax # 296-8175
From: Joni
Re: Special Pickup
Total pages (including coversheet) 1
Memo: I wish to schedule a special pickup of some
large items (i.e. easy chair, wood palettes,
etc.). I understand via customer service that
these items will be picked up on Friday.
morning (4115).
THANK yOU.
Joni
.-----'
,r---/
Geiger Key Marina
5 Geiger Road
Key West, FL 33040
Phone 305-296-3553
Fax 305-293-9319
Fax Coversheet
Date: 4/7/05
Fax to: Waste Management
Fax # 296-8175
From: Joni
Re: DUMPSTER REPAIR
Total pages (including coversheet) 2
Memo: Hello, I am following up on a request faxed to
your office on 4/1/05 (copy attached). Please
advise via fax or 296-3553 when said dumpster
may be repaired or replaced.
I also wish to request a special pickup of large
items such as a refrigerator, air conditioner,
etc. Please contact me with required fee and
when pickup is possible.
THANK yOU.
Joni
Geiger Key Marina
5 Geiger Road
Key West, FL 33040
Phone 305-296-3553
Fax . 305-293-9319
Date: 4/1/05
Fax Coversheet
Fax to: Waste Management
Fax # 296-8175
From: Joni
Re: DUMPSTER REPAIR
Total pages (including coversheet) 1
Memo: The dumpster located on our property is in
need of repair. The lids are broken and
actually fall into the dumpster when closed.
The Health Department requires that we .keep
the dumpster closed at all times however this
is not currently possible. Please schedule
repair or replacement of the dumpster. If
dumpster is to be replaced we would prefer
something larger and lower for ease when
depositing very heavy trash. Please contact
me if you have any questions or concerns.
Thank you.
/L ffi ""4(, ~hlQ f'
Geiger Key Marina
5 Geiger Road
Key West, FL 33040
Phone 305-296-3553
Fax.305-293-9319
Fax Coversheet
Date: Monday, March 21,2005
Fax to: WASTE MANAGEMENT
Fax # 296-8175
Phone # 296 .
From: Joni, Geiger Key Marina and RV Park
Re: SCHEDULE TRASH PICK UP
Total pages (including coversheet) 1
Memo:
I am writing to request an additional pick up of trash at 5
Geiger Road (dumpster). Please schedule as soon as
possible (today if available).
If you have any questions please contact me 296-3553.
THANK YOU!
18m::~
GARBAGE PHOTOS - taken 3120/05 and 12104 )" ~)~
This is a twice a week situation. Stray dogs, cats, raccoons and rats tear in to these
bags spreading Styrofoam and other garbage over the neighborhood, including sensitive
mangrove wetlands. Waste Management takes only what is in the dumpster. Surely, none
of the co rate partners ofPBPlMarine methin like this on their street or ·
net rhoo .
'I'he used furniture and rain soaked mattresses are rat breeding areas. The
mattresses and used refrigerators were present the entire month of December, 2004. The
child hazardous refrigerator doors were removed only after a complaint to the sheriff's
Department.
//,
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JjJI/IS"-
We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R.V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
NAME
ADDRESS/PHONE
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We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R.V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
ADDRESS/PHONE
~~~. ~.
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YA-/Ze//i- 5--/, /~ tU, FL ~
We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R.V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
ADDRESS/PHONE
sJ- Af:w%r~p ~ ~2
sJ: 80>CA C"frd1 1!t'cJ. 7"'1'7-0'1 f':;;
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We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R. V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
NAME
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m'O~O\)E'yl
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ADDRESSIPHONE
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Jib!>'" ~~~~ 7<}7>i'/7/
<:J () \ w W1I' () 70Lt ?1'~5
We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R. V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
.~
We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R. V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
ADDRESSIPHONE
<700q sh(:mpR~. ~1Ve-,t 79~
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s:~")<) fultrry, d 'q~~K
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b \0 St, . ':\: \ /1tz.- " .
We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to '''Mixed Use Commercial R.V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
ADDRESSIPHONE
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We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R. V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
ADDRESSIPHONE
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We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R.V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
NAME
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ADDRESS/PHONE
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We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R.V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
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We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R.V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
ADDRESSIPHONE
S 0e~e( f2~ ,:itf~~ 75S')
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We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R. V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
ADDRESSIPHONE
S~ ~ c:'~ \(- ~ - ~;Et S~\ '3l\ 1
96~" f(~~Asf (:;9'l-52.C;2~
96 L. ~/a, Y ~'7'I-,f.";-j~
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5:!J BC1C<-- c'-L- --w
We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R. V." to protect the
Marina's build-back rights in the ev~nt of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms: ~
AJ;rm.E.. ttbbeE < <. - /.-:.. ~
1 /,2 I/ef S f- l< Le..d /-: L J ..) 0 L-( 0
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a IbPtvJA })1I1Jl , . ~ i L
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We support Geiger Key Marina's Zoning Change Request from
"Sparsely Settled" to "Mixed Use Commercial R. V." to protect the
Marina's build-back rights in the event of a hurricane or major
storm; and to allow for minor upgrades and improvements, such as
handicapped facilities and restrooms:
)05 -
ADDRESS/PHONE~1&- ~'~/~-
~~ ~- ~jiP};~~(
..,..\' L' x: ' , l-'
U " . 01"\ . <l..
. .,
" , (--30 )q 0 ~ .' ,,~j\'-<(.,i
\J '0' a 1/' PL
?~~
April 10, 2005
.
RECEIVED
APR J 5 2005
MAYOR
JlXIE M. SPEHAR
Dear Mayor Spehar,
On April twentieth (20th), PBP Marine, Inc. (Geiger Key Marinal RV Park) is
requesting a zoning change from sparsely settled to RV. This would allow the potential
development of36 RV spots, 20 boat slips (? liveaboards), a 3,584 square foot restaurant
and 6 (2) bedroom/ 1 bath apartments.
This packet of information and photos will, hopefully give the reasons why this
zoning change should once again be unanimously rejected. A picture speaks a thousand
words.
How much more roadside litter and broken beer bottles and cans do Geiger Key
residents have to bear?
How many more drunken, speeding drivers do Geiger Key residents have to bear?
How many more cheap, low talent, high volwne rock bands do Geiger Key
residents have to bear?
How many more roadside, overflowing, rat infested dwnpsters do Geiger Key
residents have to bear?
How many more junked cars, boats, and trailers do Geiger Key residents have to
bear?
How much more petty crime and burglary do Geiger Key residents have to bear?
Do not reward Geiger Key MarinalPBP Marine, Inc., with a zoning change. Close
this business as the health, safety and environmental hazard and public nuisance that it is.
Sincerely, ;/. . .~.
. ! / ~
~"/
,
,,/ . ' ;:/I...
Amy J.Herm
Fred and S ab
Geiger Ke
.',
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(305) 294-4641
District One
500 Whitehead Street, Suite #102
Key West, FL 33040
305-292-3440 (Telephone)
305-292-3466 (FAX)
boccdis 10Jrnonroecountv- fl.goy
Ms. Amy J. Herman
I 66 Mars Lane
Key West, FI 33040
Dear Amy:
i..-......--~
,
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District I
Mayor Pro Tern Charles "Sonny" McCoy, District 3
George Neugent, District 2
David P. Rice, District 4
Murray Nelson, District 5
December 20, 2004
This letter is to thank you for your letter received on December 2,2004. I understand your
concern about the abandoned car on Boca Chica Road and how it was an eyesore to those who used this
route.
Code Enforcement looked into it and the good news is that it was no longer parked where you
reported it. They checked with the Monroe County Sheriffs Office using the case number you provided
me and was assured that the vehicle had indeed been removed.
Please let me know if I can be of further service to you in this and any other matter and have a
Happy Holiday.
S:;;; lJ; #~ ;t;7~ ~)~
DixieM.Spehar r4.1 ~Dt A~~
Mayor /~~~ 7
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-ISIS
12:47 MuNROE COUNTY CODE ENF.
ID=31S1S29S4334
County of Monroe
Monroe County Code Enforcement
11 00 Simonton l:>'trect 1-171
Key W~'1, Florida 33040
Voice: (305) 292-4495
FAX: (305) 295-4334
Board OrCO'-IIN Commissionen
Mayor Dixie Spcahar, DistriCt 1
Charles""Sonny"McC'.oy, Pro Tem., District 3
I George Neugent, District 2
I David Rice, District 4
MUl1lly Nelson, District 5
Date: APRIL 6, 2005
To: AMY HERMAN
Subj: Violation Infonnation Request
RE # OO122160~OOOOOO
Owner: PBP MARINE
Per your request, an open Code Enforcement case does exist on the above
mentioned properties. However, this does NOT mean that other violations mayor
may not exist.
Regarding a lien on the above mentioned property, all liens are recorded with the Clerk of
the Court of Monroe County and should be researched there. Pursuant to FL Statue
Chapter "162.06 Enforcement pro~edure.-- (5) If the owner of property which is subject
to an enforcement proceeding before an enforcement board, Special Magistrate, or court
transfers ownership of such property between the time the initial pleading was served and
the time of the hearing, such owner shall:
(a) Disclose, in writing, the existence and the nature of the proceeding to the prospective
transferee.
(b) Deliver to the prospective transferee a copy of the pleadings, notices, and other
materials relating to the code enforcement proceeding received by the transferor.
(c) Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in the code
enforcement proceeding.
(d) File a notice with the code enforcement official of the transfer ofthe property, wifu
the identity and address of the new owner and copies of the disclosures made to the new
owner, within 5 days after the date of the transfer.
A failure to make the disclosures described in paragraphs (a), (b), and (c) before the
transfer creates a rebuttal presumption of fraud. If the property is transferred before the
hearing, the proceeding shall not be dismissed. but the new owner shall be provided a
reasonable period of time to correct the violation before the hearing is held.
Martina Lake, Adm. Asst.
Monroe County Code Enforcement
P.1SI2
-~5 12:45 MONROE COUNTY CODE ENF.
~
.3~~y ~2~!!,2E
(305) 294--4641
Office o/Code Ellfo,"",~"r
1100 Simonton Strect- RM )-171
Gala Building
Key West, FL 33040
(305) 292.4495 Phone
(305) 295-4334 Fax
ID=3~52954334
P.~l
('.~~
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, Olstrict 1
Mayor Pro Tem Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonnv" McCoy, District 3
David P. Rice, District 4
~~" '=r.~_ ;:E"'"
~
FACSIMILE TRANSMISSION
ATE:
4/6/05
0:
AMY HERMAN
AX#:
(305) 631-6050
MARTINA LAKE
Monroe County Code EnforCf\llent
ROM:
HONE:
(305) 292-4495 FAX: (305) 295-4334
~ (INCLUDING COVER SHEET)
~MARKS: TO FIND THE STATUS OF THESE COMPLAINTS YOU CAN GO ON
INE TO ONE-ST~p-SHOP. CODE ENFORCEMENT. AND ENTER THE CASE
fUMBER.CE04010132. CE03120347. CEOS020359. 01-872A.
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