Ordinance 005-1997
BOCC ORDINANCE NO. 005-1997
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COMMIS-
SIONERS APPROVING THE REQUEST FILED BY NIKI
LESKO, LORAN VAN VLEET, JAMES FOWLER AND CHARLES
FOWLER TO AMEND THE OFFICIAL LAND USE DISTRICT
(ZONING) MAP FROM IMPROVED SUBDIVISION (IS) TO
SUBURBAN COMMERCIAL (SC) FOR BLOCK 5, LOT 21 AND
TO MIXED USE (MU) FOR BLOCK 5, LOTS 22, 23 AND 4,
STRATTON SUBDIVISION WITH REAL ESTATE IDENTIFICA-
TION NUMBERS 00399720, 00399730, 00399740 AND
00399570 AND DENYING THE REQUEST TO AMEND THE
ZONING MAP FROM 'IMPROVED, SUBDIVISION (IS) TO
SUBURBAN COMMERCIAL (SC) FOR PROPERTY DESCRIBED
AS BLOCK 5, SW 1/2 LOT 5, NW 1/2 LOT 7 ALSO OF
STRATTON SUBDIVISION, WITH REAL ESTATE IDENTIFICA-
TION NUMBERS 00399570 AND 00399600-000100 LOCATED
IN SECTION 28, TOWNSHIP 63 AND RANGE 37, MONROE
COUNTY, AT MILE MARKER 82 IN ISLAMORADA.
WHEREAS, Section 9.5-511(c), Monroe County Code of Ordinances
(MCC), provides that the land development regulations (Chapter
9.5 of the MCC), including the land use district (zoning) maps
may be amended or changed at any time; and
WHEREAS, the Board of County Commissioners adopted the Land Use
District Map on February 28, 1986, and designated the
above-described properties as Improved Subdivision (IS); and
WHEREAS, the Monroe County Board of Commissioners, during a
regular meeting held on February 19, 1997, condugted a revL~w and
consideration of a land use (zoning) map amendm~nt re~est-~filed
by Niki Lesko, Loran Van Vleet, James Fowler affid ,:Charles rflowler
to change the land use (zoning) category for Lots:022,;:R23,9:md 4
to Mixed Use (MU) and Lot 21, 1/2 of Lot 5, and '1/2 ~ Lo,e~ 7 to
Suburban Commercial (SC); and !:j ::'
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WHEREAS, the Planning and Environmental Resou:rces ~pai:~ments
have reviewed the proposed land use district (zoning) ~p ~anges
and recommend approval for Lots 4, 21, 22 and 23 and~eni~~ for
1/2 of Lot 5 and 1/2 of Lot 7; 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 changes and
the recommendations of the Planning and Environmental Resources
Departments and the Development Review Committee and recommends
approval for Lots 4, 21, 22 and 23 and denial for 1/2 of Lot 5
and 1/2 of Lot 7; and
FOWLER. 31/TXTAMAP
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Initials
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 Board of County Commissioners adopts the following
FINDINGS OF FACT:
1. The subj ect parcels are currently
Medium on the Future Land Use Maps and
the zoning maps.
designated Residential
Improved Subdivision on
2. Section 9.5-242 of the Land Development Regulations allows
limited commercial development on Improved Subdivision lots that
are within 200 feet of the centerline of U.S. 1.
3. Policy 101.4.3 of
commercial uses in the
category (and therefore
district as well) .
the 2010 Comprehensive Plan prohibits
Residential Medium future land use
in the Improved Subdivision zoning
4. The U.S. I-fronting
adjacent to commercial
Islamorada area.
parcels are
and office
only
uses
150' deep and are
in the "downtown"
5. Lot 4, Block 5, Stratton Subdivision contains a single-family
home and an established commercial business.
6. Objective 101.8 in the 2010 Comprehensive Plan calls for the
reduction of non-conforming uses, which the existing canvas shop
is considered under the current zoning designation.
7. Lot 4, Block 4, Stratton Subdivision lies directly across
Madeira Ave. from Lot 4, Block 5, (one of the parcels in this
application) and is zoned Mixed Use.
8. The uses along Madeira Ave., which is typical of other
neighborhood roads in width, include a mixture of restaurant,
office, transient, multi-family and single-family residential
uses; however, the central portion of the street is exclusively
residential.
9. The 1/2 of Lot 5 included in the request contains a
single-family home.
10. The 1/2 of Lot 7 included in the request is vacant, while
the rear 1/2 contains a single-family home.
11. The lots to the east of Lot 21 are zoned Suburban Commercial
and the lots to the west of Lot 23 are zoned Mixed Use. Lots 22,
23 and 4 currently have the same owner and Lot 21 currently has
the same owner as Lot 20.
12. The Mixed Use (MU) and Suburban Commercial (SC) zoning
categories allow the same uses under the same development review
procedures with the exception of detached single-family dwelling
uni ts, which are also allowed as -of -right in the Mixed Use (MU)
category.
FOWLER. 31/TXTAMAP
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Initials
WHEREAS, the Board of County
following CONCLUSIONS OF LAW:
Commissioners
adopts
the
1. A new issue brought about by the enactment of the 2010
Comprehensive Plan warrants a change to the zoning designations
for those subject parcels that are adjacent to U.S. 1 in that the
potential for limited commercial development no longer exists,
pursuant to Policy 101.4.3 (Findings of Fact I, 2, and 3)
2. A change to a commercial zoning category for Lots 21, 22 and
23 is warranted because commercial uses are the most appropriate
uses for these properties and the change will not adversely
impact the community character. (Finding of Fact 4)
3. Designating Lot 4 as Mixed Use on the zoning maps supports
Policy 101.8 of the 2010 Comprehensive Plan and does not
constitute encroachment of commercial activities into residential
areas, which is discouraged by the 2010 Comprehensive Plan.and
makes the existing uses conforming. (Findings of Fact 5, 6, 7 and
8)
4. Rezoning 1/2 of Lot 5 and 1/2 of Lot 7 is inconsistent with
the 2010 Comprehensive Plan's Objective 101.8 and overall
objective to discourage commercial encroachment into residential
areas. The change would have a negative impact on the community
character on Madeira Ave. (Findings of Fact 8, 9, 10)
5. Surrounding zoning and ownership patterns, as well as the
similarities between the Mixed Use (MU) and Suburban Commercial
(SC) zoning categories, make it appropriate to designate Lots 22,
23 and 4 Mixed Use and Lot 22 Suburban Commercial. (Findings of
Fact 11 and 12)
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 properties are currently
as Improved Subdivision (IS) as shown on the attached
is hereby incorporated by reference and attched as
Section 3. The Stratton Subdivision, Block 5, Lots 4, 22, and
23 shall now be designated as Mixed Use (MU) and Lot 21 shall now
be designated as Suburban Commercial (SC).
Section 4. The Stratton Subdivision,
and NW 1/2 of Lot 7 shall remain
Subdivision (IS).
Block 5, SW 1/2 of Lot 5
designated as Improved
Section 5. The land use district map shall
delineated in Section 3, changing the land use
the properties.
be amended, as
designation for
FOWLER. 31/TXTAMAP
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Initials
Section 6. 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
Section 7. The adoption of this ordinance shall only be
effective upon the adoption of an ordinance approving a change to
the future land use maps from Residential Medium to Mixed Use for
the subject property.
Section 8. After the effective date of its adoption, this
ordinance shall be transmitted to the state land planning agency
for approval or disapproval pursuant to F. 380.0551(9).
Section 9. This ordinance shall
Secretary of State of the State
deemed effective until approved
agency.
be filed in the Office of the
of Florida, but shall not be
by the state land planning
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida~ at a regular meeting of the board held on
the 19 th day of 1:'ebruary , A.D., 1997.
Mayor Douglass
Mayor Pro Tern London
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
yes
yes
yes
yes
absent
By
BY
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
R~P~~
FOWLER. 31/TXTAMAP
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Initials
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Key: Upper Mateeumbe
MM: 82
Proposal: IS to SC or MU
1 "=400'
Property Description: Lot 4 & SW ~ Lot 5, NW'LY ~ Lot 7, Lot 21, 22 &
23, B1k 5 of ~tratton Sudivision, See 28, Twn 63, Rge 37.
Applicant Name: Lesko, Van V1eet,Fow1er (Mattson & Tobin, a ent)
Map , : 177 File Number: M96108
J)annp I. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 27, 1997
CERTD1IID MAIL
RETURN RECEIPr REQUFSTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No. 005-1997,
approving the request filed by Niki Lesko, Loran Van Vleet, James Fowler and Charles
Fowler to amend the Official Land Use District (Zoning) Map from Improved
Subdivision (IS) to Suburban Commercial (SC) for Block 5, Lot 21 and to Mixed Use
(MU) for Block 5, Lots 22, 23 and 4, Stratton Subdivision with Real Estate
Identification Numbers 00399720, 00399730, 00399740 and 00399570 and denying the
request to amend the Zoning Map from Improved Subdivision (IS) to Suburban
Commercial (SC) for property described as Block 5, SW 1/2 Lot 5, NW 1/2 Lot 7 also
of Stratton Subdivision, with Real Estate Identification Numbers 00399570 and
00399600-000100 located in Section 28, Township 63 and Range 37, Monroe County, at
Mile Marker 82 in Islamorada.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in Connal session, on Feberuary 19, 1997.
Mrs. Liz Cloud
February 27, 1997
Page 2
Please file for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commi~ioners
By: Ruth Ann Jantzen
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Enclosure
Deputy Clerk
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Growth Management Director
Planning Director
Property Appraiser
County Administrator, w/o document
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MRS, LIZ CLOUD
FLORIDA DEPT. OF STATE
BUREAU OF ADMIN. CODE
THE ELLIOT BUILDING
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TALLAHASSEE, FL. 32399-0250
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CORD, 005,006,007-1997)
DIVISIONS OF FLORIDA DEPARTMENT OF ST A TE
l )fiicl' or thl' s..'l'rl'larv
l )ttil'l' ()f Intl'rn.,thlt1.~1 Rl'I.ltit.lIls
Di,'isioll of Administr.lti\'l' St..'r\'in.'s
Di,'isit,ll1 llf Corporatit.llls
Di,'isillll of Cultural Aff.lirs
Di,'isillll of EIl'ctions
Division of llistoric.ll Resllurn's
Di,'ision of Libr.u\' .lnd Inhlflll.ltion Sl'f\'in's
Di\ision or Licl'nsing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Kl'Ys Prl'sl'rvation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Au~ustin(' Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
Ringling Musl'um or Art
March 4, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letters dated February 27, 1997, and certified copy each of Monroe County Ordinance
Nos. 97-05, 97-06, and 97-07, which were filed in this office on March 3, 1997.
Sincerely,
Liz~e~~
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 32399-0250 · (904) 488-8427
FAX: (904) 488-7869 · WWW Address http://www.dos.state.fI.us · E-Mail: electiol1@/IIail.dos.statefl.lls