Ordinance 021-1997BOCC ORDINANCE NO. 021-1997
AN ORDINANCE BY TP3 MONROE COUNTY BOARD OF
COMMISSIONERS APPROVING' AN AMENDMENT TO THE
OFFICIAL LAND USE (ZONING) MAP REQUESTED BY
CHRISTINA SUTTON, EMANUEL MICELLI, ROBERT PETRI,
AND JOHN & ETHEL MARSTELLER (CHRISTINA SUTTON AND
AMY SLATE, AGENTS) FROM URBAN RESIDENTIAL (UR)
TO SUBURBAN COMMERCIAL (SC) FOR PROPERTIES
DESCRIBED AS PART OF LOT 1, AND ALL OF LOTS 2 AND
3, BAYWOOD SUBDIVISION, SECTION 11, TOWNSHIP 61
-; SOUTH, RANGE 39 EAST, TALLAHASSEE MERIDIAN, KEY
0- LARGO, MONROE COUNTY, FLORIDA, MILE MARKER 104.
THE REAL ESTATE NUMBERS ARE 00439590, 00439600,
r� 00439600-000100, AND 00439610.
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 Board of County Commissioner, on February
28, 1986, designated the above -described property as Urban
Residential (UR); and
WHEREAS, the applicant had originally requested a map
amendment for the above -described property to change its zoning
from Urban Residential (UR) to Recreational Vehicle (RV); and
WHEREAS, the Monroe County Planning Commission, after due
notice and public participation in the hearing process,
recommended denial of the request to rezone the subject parcels
to Recreational Vehicle (RV) (See PC Resolution #55-1995); and
WHEREAS, the Monroe County Board of Commissioners, after
due notice and public participation in the hearing process,
reviewed the original proposal on November 21, 1995 and remanded
the issue to the Planning Commission for it to consider Suburban
Commercial (SC) as a possible zoning designation (See BOCC
Resolution #458-1995); and
WHEREAS, the Monroe County Planning Commission, after due
notice and public participation in the hearing process,
recommended approval of the rezoning of the subject parcels to
Suburban Commercial (SC) (See PC Resolution #28-1995); and
WHEREAS, the Monroe County Board of Commissioners, during
a public hearing held on May 20, 1997, conducted a review of the
rezoning to SC and of the recommendations of the Planning
Commission and the Planning and Environmental Resources
Departments; and
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WHEREAS, the Monroe County Board of Commissioners hereby
makes the following FINDINGS OF FACT:
1. Existing uses on the subject properties include transient
rental units, owner -occupied' dwelling units, and signage that,
when combined, constitute a "hotel" as defined by Section
9.5-4(H-7), Monroe County Code (MCC) and are therefore, not
permitted in the Urban Residential zoning district according to
Section 9.5-233, MCC.
2. The subject properties are situated between properties with
similar hotel uses, whose zoning was changed to RV (a
commercial zoning) and between Moon Bay Condominiums, which
contain over 80 units and are zoned Urban Residential. All of
these properties area located at approximately mile marker 104,
which is a divided, four-laned segment of U.S. 1.
3. The subject properties are considered "disturbed" on habitat
maps and were determined to be "scarified" by a site visit
performed by the Environmental Resources Department.
4. Development potential in the proposed designation is limited
and managed by the following policies in the 2010 Comprehensive
Plan and in the current Land Development Regulations:
(a) Policy 101.8.1 prohibits the expansion of non -conforming
uses. (Lot 2 is non -conforming due to density.)
(b) Policies 101.5.1 and 101.5.3 require that Monroe County adopt
a system that will limit the amount of new non-residential
development.
(c) Policy 101.2.6 prohibits new transient rental units,
including hotels, for 5 years from the effective date of the plan.
(d) Section 9.5-235, Monroe County Code, states that hotels in
the Suburban Commercial zoning district shall be approved through
the conditional use process.
(5) According to Policy 101.4.5, the Mixed Use/Commercial FLUM
designation is to provide areas for various types of commercial
and office uses, consistent with the community character, as well
as various types of residential and nonresidential uses.
(6) Chapter 163, Florida Statutes, requires that zoning maps be
consistent with the 2010 Comprehensive Plan, including its Future
Land Use Map. The Mixed Use/Commercial FLUM category
corresponds with the Suburban Commercial zoning.
(7) Objective 101.8 of the 2010
Monroe County reduce the number
with the FLUM or zoning map.
Comprehensive Plan requires that
of uses that are not consitent
(8) According to Objective 101.11, Monroe County shall implement
measures to direct future growth away from environmentally
sensitive lands and towards established development areas served
by existing facilities.
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SUTTON.32/TXTAMAP/#M94071 Initials
(9) Adequate public facilities exist to accommodate the existing
and potential future uses on the subject properties.
WHEREAS, the Board of County Commissioners hereby adopts
the following CONCLUSIONS OF LAW: '
1. Pursuant to Section 9.5-511, Monroe County Code, a new issue
and a need for additional comprehensiveness exist that warrant
the proposed rezoning in that the surrounding land uses have been
amended to commercial designations in order to accommodate
existing uses that are similar to those found on the subject
properties, which would otherwise be non -conforming. (Findings of
Fact 1 & 2)
2. The proposed rezoning is consistent with the overall
objectives of the 2010 Comprehensive Plan and with those that
guide future commercial development of the Keys. Also, the
subject properties have characteristics including use as a hotel,
proximity to similar commercial uses, adjacency t U.S. 1 and
scarified habitat condition making a commercial designation
appropriate. (Findings of Fact 2 - 9)
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. The previously described properties are currently
designated Urban Residential (UR), as shown on the attached
map,
which is hereby incorporated by reference and attached as exhibit
1.
Section 3. The Baywood Subdivision, part of Lot 1 and all of
Lots 2 & 3 shall now be designated as Suburban Commercial (SC).
Section 4. The Official Land Use District Map shall be
amended, changing the zoning designations 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 High (RH) 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.
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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 Mav, A.D., 1997.
Mayor Douglass yes
Mayor Pro Tem London yes
Commissioner Harvey ves
Commissioner Freeman aE ent
Commissioner Reich yes
BOARD F C UNTY COMMISSIONERS
OF MO O COUN OR
BY
a o irman
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
D.",L C - aZ
DEPUTY CLERK
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Proposed Map Amendment
Key: Key Largo
I MM: 104.3
Proposal: From UR to SC
Property Description: Baywooa, Key Largo, lots 1,2&3, Sec. 11,
Twn. 61 S, Rge 39 E.
Applicant Name: Sutton
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
vM
Manny o[fjage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SW 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
C.
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 Sen'ices
Division of Corporations
I)i%'ision of Cultural Affairs
Division of Flections
Di% ision of I fistorical Resources
Division of Lib rare and Information Services
Di,'ision of Licensing FLORIDA DEPARTMENT'OF 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 Tampa/Hillsborough County
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,
VY+1
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 • E-Mail: electioit@mail.dos. state,fl.Us