Ordinance 020-1997BOCC ORDINANCE NO. 020-1997
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTINP AN AMENDMENT TO THE
OFFICIAL LAND USE (:)NTNG) MAP REQUESTED BY
RICHARD HAIGHT FOR A CHANGE FROM SUBURBAN
77 RESIDENTIAL (SR) TO SUBURBAN COMMERCIAL (SC) FOR
4-1) PROPERTY (FORMERLY THE SABIN PROPERTY) LOCATED AT
0' 88665 OVERSEAS HIGHWAY AND DESCRIBED AS LOT 7,
r� BLOCK 3 OF SECTION 1 KEY HEIGHTS, SECTION 7,
TOWNSHIP 63 SOUTH, RANGE 38 EAST, TALLAHASSEE
�. MERIDIAN, PLANTATION KEY, MONROE COUNTY, FLORIDA,
MILE MARKER 88.5. THE REAL ESTATE NUMBER IS
a 00`415940.
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 Suburban
Residential (SR); and
WHEREAS, the Monroe County Board of Commissioners, during
a regular meeting held on May 20, 1997, conducted a review and
consideration of a map amendment filed by Richard Haight to
change the land use district (zoning) designation from Suburban
Residnetial (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 amendment 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 amendment 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 County Commissioners,
after due notice and public participation in the hearing process,
has reviewed all of the above recommendations; and
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HAIGHT.18/TXTAMAP/#M96115 Initials
WHEREAS, the Monroe County Board of County Commissioners
hereby makes the following FINDINGS OF FACT:
1. Prior to the adoption of the Year 2010 Comprehensive Plan,
the Board of County Commissioners established a policy to
have Future Land Use Maps ('FLUMs) correspond with existing
land use (zoning) maps in order to limit inadvertent
conflicts between future land uses and existing uses
permitted under the land development regulations. This
policy resulted in the designation of the subject property
Residential Low (RL), the future land use category
associated with Suburban Residential (SR) zoning.
2. When the 2010 Plan became effective, it raised the
following new issue which supports the proposed FLUM
change: since the Plan removed nonresidential uses from the
RL category, the originally conforming commercial use and
density of the subject property became nonconforming.
3. Prior to 1986, Lot 7 was zoned for medium business, and the
building was legally expanded. There is no evidence to
indicate that the Board of County Commissioners
intentionally rendered the subject property nonconforming
under the 2010 Plan.
4. Objective 101.8.1 prohibits expansion of nonconforming uses.
5. Policy 101.4.22 allocates .5 units per acre for RL/SR
districts. Lot 7, the subject property, is .275 acres.
6. Lot 7 contains a building of approximately 5,600 square feet
and has a floor area ratio (FAR) .47. The maximum FAR
allowed in Mixed Use/Commercial (MC) FLUM categories is .45.
7. Based on a site visit, Staff determined Lot 7 is located in
a mixed use area: it sits between two roads, has direct
access to U.S. 1, lacks vegetation, is adjacent to a high
intensity commercial use and is across the street from
residential uses.
8. Division 9, MCC, requires adequate parking and Division 11,
MCC, requires adequate buffering along lot lines and streets
to ensure compatibility. Sec. 9.5-511, MCC, prohibits any
amendment which would negatively impact community character.
9. Both SC and UC (Urban Commercial) zoning are associated with
the Mixed Use/Commercial (MC) future land use category. SC
is intended for small-scale retail and office uses, while UC
is intended for regional retail and office uses.
10. Under either commercial zoning designation, the development
potential is limited by the quarter -acre size of the parcel.
11. There is no significant vegetation or habitat on Lot 7.
Capacity is available for all public facilities, although
the affected road segment is at marginal facility capacity.
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HAIGHT.18/TXTAMAP/$#M96115 Initials
12. Goal 102 states that the County shall direct growth to lands
intrinsically most suited for development in terms of
environmental sensitivity, and Objective 101.11 requires the
County to direct growth away from environmentally sensitive
lands to areas served by existing public facilities.
Objective 101.5 calls for the County to encourage compact
development patterns and redevelopment.
13. Objective 101.8 calls for elimination or reduction in the
frequency of nonconforming uses and structures in the County.
WHEREAS, the Board of County Commissioners hereby adopts
the following CONCLUSIONS OF LAW:
1. New issues raised by the 2010 Plan inadvertently rendered
the formerly conforming Lot 7 nonconforming as to use. This
problem can be resolved with the proposed designations.
(Findings 1-3)
2. There is no commercial development potential under the
current residential FLUM designation. There is no
residential development potential without the use of
transferable development rights (TDRs). (Findings 4-6)
3. Under the proposed designations, there could be no expansion
of the current use since development potential has been
reached, and there is little development potential with a
new use because of the small lot size. (Findings 6, 10)
4. The property is appropriate for commercial use, and
therefore the proposed change is consistent with Sec.
9.5-511, MCC. (Findings 7-8)
5. The use on Lot 7 fits more closely with the purpose of SC
zoning than UC zoning. SC is therefore more appropriate,
and if parking and buffering requirements are met, it will
not negatively impact community character. (Findings 7-10)
6. The proposed designation is consistent with Goal 102,
Objective 101.5 and Objective 101.11 because the land is
already disturbed, is served by public facilities and
improves redevelopment potential because the lot size is
inadequate for residential development without TDRs.
(Findings 11-12)
7. The proposed designation will further Objective 101.8 by
bringing this legally nonconforming property into conformity
as to use and as close as possible to conformity as to
intensity. (Finding 13)
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
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HAIGHT.18/TXTAMAP/#M96115 Initials
Section 2. The previously described property is currently
designated Suburban Residential (SR), as shown on the attached
map, which is hereby incorporated by reference and attached as
exhibit 1.
Section 3. Lot 7 of Block 3, Section 1 of Key Heights
Subdivision shall now be designated as Suburban Commercial (SC).
Section 4. The Land Use District (zoning) Map shall be
amended, changing the land use designation for the properties as
delineated in Section 3 above.
Section 5. 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 6. The adoption of this ordinance shall only be
effective upon the adoption of an ordinance approving a change to
the Future Land Use Map from Residential Low (RL) to Mixed
Use/Commercial (MC) for the subject property.
Section 7. After the effective date of its adoption, this
ordinance shall be transmitted to the state land planning agency
for approval or disapproval pursuant to Section 380.0552(9),
Florida Statutes.
Section 8. This ordinance shall be filed in the Office of the
Secretary of State of the State of Florida, but shall not be
deemed effective until approved by the state land planning agency.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 20th day of May, A.D., 1997.
Mayor Douglass
yes
Mayor Pro Tem London
yes
0
Commissioner Harvey
yes
Commissioner Freeman
absent
Commissioner Reich
yes
BOARD OF COUNTY COMMISSIONERS
OF MO OE OUNTY, ORIDA
BY
rman
(Seal)
ATTEST: DANNY L. KOLHAGE,, CLERK
D='JZ-�LC.
DEPUTY CLERK
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HAIGHT.18/TXTAMAP/##M96115 Initials
Land Use (Strict Map Key:Plantation
N Proposed Map Amendment MM: 88.5
Proposal: From SR to Sc/ From to RL to Mc
Property Description: Lot 7,B1k. 3, Key Heights Sec. 1
Sec. 7, Twn 63S, Rge 38E
Applicant Name: Sabin/Haight
1 "=400' Map # : 162 1 File Number: M96115/F96019
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
33arnnp 1. 1kolbelse
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
June 4, 1997
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott 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 certified copies of Ordinance Nos. 020-1997 and 021-1997, which
are self-explanatory,
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on May 20, 1997. Please file for record.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
Deputy Clerk
cc: County Attorney
'Growth Management Director
County Administrator, w/o documents
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Office of International Relations
Division of Administrative Services
Division of Corporations
Di%isiun of Cultural Affairs
Division of Flections
Division of I listorical Resources
Division of Library and Information Services
Division of Licensing FLORIDA DEPARTMENT IOF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
June 9, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, 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'rampa/Hillsborough Countv
Preservation Board
Ringling Museum of Art
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated June 4, 1997, and certified copy each of Monroe County Ordinance Nos.
97-20 and 97-21, which were filed in this office on June 6, 1997.
Sincerely, i v "
vyvl
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: electioii@mail.dos. statc- l.Us