Resolution 231-1997
BOCC RESOLUTION NO. 231-1997
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A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS DENYING THE REQUEST FILED BY
DODGE LAKE ENTERPRISES FOR AN AMENDMENT TO THE
OFFICIAL LAND USE (ZONING) MAP FROM IMPROVED
SUBDIVION (IS) TO SUBURBAN COMMERCIAL (SC) FOR
PROPERTY DESCRIBED AS GOVERNMENT LOT 1, SECTION
2, GOVERNMENT LOT 2, PART OF GOVERNMENT LOT 3 AND
SW 1/4, NORTH MARATHON SHORES IN SECTION 1,
TOWNSHIP 66 SOUTH, RANGE 32 EAST, TALLAHASSEE
MERIDIAN, VACA KEY, MONROE COUNTY, FLORIDA, MILE
MARKER 51. THE REAL ESTATE NUMBER IS 328510.
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WHEREAS, Section 9.5-511 (c) , Monroe County Code of
Ordinances (Code) , provides that the land development
regulations (Chapter 9.5 of the Code), including the land use
district (zoning) map, may be amended or changed at any time; and
WHEREAS, the Monroe County Board of County Commissioners
adopted the land use district (zoning) map on February 28, 1986
and designated the above-described property as Improved
Subdivision (IS); and
WHEREAS, the Monroe County Board of County Commissioners,
during a regular meeting held on June 18, 1997, conducted a
review and consideration of a map amendment filed by Dodge Lake
Enterprises, Inc. to change the land use district (zoning)
designation from Improved Subdivision (IS) to Suburban Commercial
(SC) for the above-described property; and
WHEREAS, the Planning and Environmental Resources
Departments have reviewed the proposed land use district (zoning)
map amendment and recommend denial of the requested change to
Suburban Commercial (SC) and recommend approval of Suburban
Residential (SR) instead; and
WHEREAS, during the amendment process, the Development
Review Committee, after due notice and public participation in
the hearing process, has reviewed the proposed future land use
map amendment and recommends denial of the requested Suburban
Commercial (SC) designation and recommends approval of Suburban
Residential (SR); and
WHEREAS, during the amendment process, the Monroe County
Planning Commission, sitting as the local planning agency, after
due notice and public participation in the hearing process, has
reviewed the proposed land use district (zoning) map change and
the recommendations of the Planning and Environmental Resources
Departments and the Development Review Committee and recommends
denial; and
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WHEREAS, the Monroe County Board of Commissioners, after
due notice and public participation in the hearing process, has
reviewed all of the above recommendations; and
WHEREAS, the Monroe County Board of County Commissioners
hereby makes the following FINDINGS OF FACT:
1. The subject property was designated Improved Subdivision
(IS) on the Land Use District (Zoning) Map in 1986. In 1996
when the Year 2010 Comprehensive Plan became effective,
the subject property was designated Residential Medium (RM)
on the Future Land Use Map.
2.
The Residential Medium future land use
consistent and compatible only with Improved
(IS) zoning, pursuant to Policy 104.4.22.
district is
Subdivision
3. The applicant has requested Suburban Commercial (SC) zoning.
4. Section 163.3194 (1) (a), Florida Statutes, provides that
after a comprehensive plan, or element or portion thereof,
has been adopted in conformity with this act, all
development undertaken by, and all actions taken in regard
to development orders by, governmental agencies in regard to
land covered by such plan or element shall be consistent
with such plan or element as adopted.
WHEREAS, the Board of County Commissioners hereby adopts
the following CONCLUSIONS OF LAW:
1. The requested Suburban Commercial (SC) zoning designation is
inconsistent with the Future Land Use Map of the Year 2010
Comprehensive Plan. (Findings 1-4)
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact
and conclusions of law stated above; and therefore
Section 2.
designated
map, which
exhibit 1.
The previously described property is currently
Improved Subdivision (IS), as shown on the attached
is hereby incorporated by reference and attached as
Section 3. The previously described property shall retain its
current Improved Subdivision (IS) designation.
Section 4. If any section, subsection,
change or provision of this ordinance
remainder of this ordinance shall not
invalidity.
sentence, clause, item,
is held invalid, the
be affected by such
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 18th day of June, A.D., 1997.
Mayor Douglass
Mayor Pro Tern London
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
yes
yes
yes
absent
yes
BY
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
.a~ c. tQ.u~
DEPUTY CLERK /
BY
FORM
ICIENCY
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Key: Vaca
MM: 51
1 "=400'
Property Description: N. Marathon Shores, Gov' t lot 1
Gov't lot 2 & t 3 & SW k
Applicant Name: Dodge Lake Enter
Map #: 231 File
See 2
Vaca
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