Ordinance 010-1997BOCC ORDINANCE NO. 010-1997
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COMMISSIONERS APPROV_-NG THE REQUEST FILED
BY CAROLYN VOIT TO'AMENb THE OFFICIAL LAND
USE DISTRICT (ZONING) MAP FROM SUBURBAN
RESIDENTIAL (SR) TO SUBURBAN COMMERCIAL (SC)
FOR PROPERTY LOCATED AT MILE MARKER 49 AND
FURTHER DESCRIBED AS A PORTION OF SOMBRERO
PROPERTIES, BOOT KEY PARCELS 10 AND 10A,
BORDERING ON BOOT KEY HARBOR, SECTION 10,
TOWNSHIP 66 SOUTH, RANGE 32 EAST, VACA KEY,
MONROE COUNTY, FLORIDA, WITH REAL ESTATE
IDENTIFICATION NUMBER 0355430-000.
WHEREAS, Section 9.5-511(c), Monroe County Code of Ordinances
(MCC), provides that the land development regulations (Chapter
9.5, 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 property as Suburban Residential (SR); and
WHEREAS, the Monroe County Board of Commissioners, during a
regular meeting held on March 19, 1997, conducted a review and
consideration of a map amendment filed by Carolyn Voit to change
the land use district (zoning) designation from Suburban
Residential (SR) 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 change
and recommend approval; and
WHEREAS, during the amendment process, the Development Review
Committee, after due notice and public participation in the
hearing process, has reviewed the proposed land use district
(zoning) map change and recommends approval; 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
approval; and
WHEREAS, the Monroe County Board of Commissioners, after due
notice and public participation in the hearing process, has
reviewed all of the above recommendations; and
WHEREAS, the Monroe County Board of Commissioners adopts the
following FINDINGS OF FACT:
SOMBRERO.017/TXTAMAP 1 Initials
1. The Sombrero Marina and Dockside Lounge have been in
existence for at least 24 years, based on the 1972 aerial photos
of the area.
2. The subject property is shown 'erroneously as low-rise
multi -family on the 1985 Existing Conditions maps and is zoned
BU-2 on the pre-1986 land use district maps. These maps were
used in conjunction with site visits to generate the County's
current official land use district (zoning) maps.
3. When the subject property was designated Suburban Residential
(SR), marinas were permitted, but not their accessory retail uses.
4. Under the 2010 Plan, the subject parcels are designated
Residential Low (RL) on the Future Land Use Map. Prior to the
adoption of the 2010 Plan, the Board of County Commissioners
established a policy to have Future Land Use Maps correspond with
existing land use maps to limit inadvertent conflicts between
future land uses and existing uses permitted under the land
development regulations. However, the adoption of Policy 101.4.2
in the Plan and the Residential Low future land use designation
for the subject property do not permit commercial uses on the
property.
5. No record exists that the Board of County Commissioners
specifically intended to make the existing commercial use on this
property nonconforming.
6. Sec. 9.5-511, MCC, and Goal 102 prohibit any amendments which
would result in an adverse change in community character and call
for growth to be directed to lands intrinsically suited for
development.
7. The proposed land use district (zoning) map change will not
result in additional development potential which could impact
community character, natural resources, public facilities, or
infill. The configuraion of Parcel 10 and the setbacks
associated with shoreline development reduce development
potential.
8. Pursuant to Objective 101.8 of the 2010 Plan, it is the
intent of the Board of County Commissioners to reduce
nonconformities in the County. The existing marina and lounge
uses are conforming uses under the proposed Suburban Commercial
(SC) designation.
WHEREAS, the Monroe County Board of Commissioners adopts the
following CONCLUSIONS OF LAW:
1. An error occurred when the incorrect residential designation
from the 1985 Existing Conditions map was translated to the
current Land Use District maps, in the form of the Suburban
Residential (SR) zoning designation of the subject property.
(Findings 1-3)
SOMBRERO.017/TXTAMAP 2 Initials
2. The inadvertent mapping error was exacerbated when the Board
of County Commissioners adopted Policy 101.4.2 (prohibiting
commercial uses in RL) and designated the subject property
Residential Low (RL). (Findings 4-5).
3. The proposed change is consistent with Sec. 9.5-511, MCC,
and Goal 102 since the land is already disturbed, development
potential is limited by site configuration and no negative
impacts to community character, public facilities, natural
resources or infill will result. (Findings 6-7)
4. The proposed change will correct a mapping error and further
Objective 101.8 of the 2010 Plan to eliminate or reduce the
frequency of nonconformities because the marina and lounge use
are permitted under Suburban Commercial (SC) zoning. (Finding 8)
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of
facts and conclusions of law stated above; and therefore
Section 2. The previously described properties are currently
designated as Suburban Residential (SR), as shown on the attached
map which is hereby incorporated for reference as exhibit 1, and
shall now be designated as Suburban Commercial (SC).
Section 3. The Land Use District Map shall be amended,
changing the land use designation for the properties.
Section 4. If any section, subsection, sentence, clause, item,
change or provision of this ordinance is held invalid, the
remainder of this ordinance shall not be affected by such
invalidity.
Section S. The adoption of this ordinance shall only be
effective upon the adoption of an ordinance approving a change to
the Future Land Use Maps to Suburban Commercial (SC) for the
subject properties.
Section 6. After the effective date of its adoption, this
ordinance shall be forwarded to the state land planning agency
for approval or disapproval pursuant to F.S. 380.0552(9).
Section 7. This ordinance shall be filed in the Office of the
Secretary of the State of Florida, but shall not be deemed
effective until approved by the state land planning agency.
SOMBRERO.017/TXTAMAP 3 Initials
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 19th
day of March A.D., 1997.
Mayor Douglass yes
Mayor Pro Tem London yes
Commissioner Harvey yes
Commissioner Freeman yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF M NRO COUNTY FLORIDA
B
Y
mp"7R
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
EP CL K
SOMBRERO.017/TXTAMAP 4 Initials
N Land Use District Map Key:Boot
Proposed Map Amendment W 49
Proposal: from SR to SC
Property Description: Portion of Sombrero Properties, Boot key
parcel 10 & parcel 10A, Sec10,Twn66,R e32, RE00355430-000
.—� Applicant Name: Carolyn Voit/Craig/Sombrero Marina&Dockside Lo
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040
FAX (305) 289-1745 TEL. (305) 292-3550
FAX (305) 295-3660
April 2, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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:
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Enclosed please find a certified copy of Monroe County Ordinance No. 010-1997,
approving the request filed by Carolyn Voit to amend the Official Land Use District
(zoning) Map from Suburban Residential (SR) to Suburban Commercial (SC) for
property located at Mile Marker 49 and further described as a portion of Sombrero
Properties, Boot Key Parcels 10 and 10A, bordering on Boot Key Harbor, Section 10,
Township 66 South, Range 32 East, Vaca Key.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on March 19, 1997.
Mrs. Liz Cloud
April 2, 1997
Page 2
Please rile for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
DeputjrClerk G
Enclosure
cc: County Attorney
Growth Management Director
County Administrator, w/o document
File
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretar%
Office of International Relations
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of I tistorical Resources
Division of Libras' and Information Ser ices
Division of Licensing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
April 7, 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:
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
Ringling Museum of Art
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letters dated April 2 and 3, 1997, and certified copy each of Monroe County Ordinance
Nos. 97-10 and 97-11, which were filed in this office on April 7, 1997.
Sincerely,
t
Liz Cloud, Chief
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.fl.us 9 E-Mail: clection«iiiail.dos.state-fl.us