Ordinance 027-1997
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BOCC ORDINANCE NO. 02~1997
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COMMISSIONERS APPROVING THE REQUEST FILED BY BARRY
MANKOWITZ FOR THE FLORIDA 'KEYS MEDICAL COMPLEX TO
AMEND THE LAND USE MAPS (ZONING) FROM URBAN
RESIDENTIAL MOBILE HOME (URM) TO SUBURBAN
COMMERCIAL (SC) FOR PROPERTY LEGALLY DESCRIBED AS
~LOCK 4, LOTS 42 AND 43; BLOCK 3, LOT 44, LIDA SUBDIVISION,
tIRST ADDITION, MARATHON, FLORIDA, IN SECTION 12,
rOWNSHIP 66 SOUTH, RANGE 32 EAST AND HAVING THE REAL
ESTATE IDENTIFICATION NUMBERS 00348600-000000 AND
00349020-000000.
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WHEREAS, the Monroe County Board of Commissioners, during a regular meeting held on June
1 g;:51997, c(}nducted a review and consideration of a land use (zoning) amendment filed by Barry
~owitz:~o change the land use (zoning) category of the above-described properties from Urban
ResidentiafMobile Home (URM) to Suburban Commercial (SC); and
WHEREAS, the Planning Department reviewed the proposed land use (zoning) map amendment
and recommended denial; and
WHEREAS, during the amendment process, the Development Review Committee, after due notice
and public participation in the hearing process, reviewed the proposed land use (zoning) map
amendment and recommended denial; and
WHEREAS, during the amendment process, the Monroe County Planning Commission, acting as
the local planning agency, after due notice and public participation in the hearing process,
recommended approval; and
WHEREAS, the Monroe County Board of Commissioners, after carefully considering the Findings
of Fact and Conclusions of Law made by the Planning Commission and all of the evidence and
testimony submitted by the applicant, Growth Management staff, and members of the public, at all
public hearings, hereby adopts the following FINDINGS OF FACT:
1. Chapter 163.3194, Florida Statutes requires that all amendments to Monroe County's Land
Development Regulations (and zoning maps) must be consistent with the overall objectives of
the Monroe County Year 2010 Comprehensive Plan (Plan).
2. Policy 101.4.5 and the Technical Document of the Plan state that the Mixed Use/Commercial
future land use designation shall reinforce development of commercial uses within commercial
centers.
MARSURG. * ITXT AMAP
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3. The subject parcels are part of Lida Subdivision and are a source of affordable housing, which is
encouraged by Objective 601.2 and needed according to Table 2.33 of the Technical Document
of the Plan.
4. Objectives 101.4 and 101.5 of the Plan and Section 9.5-511 of the Monroe County Code (MCC)
discourage the expansion of commercial uses allowed in the Mixed Use/Commercial future land
use category and encroachment of commercial activity that adversely affect residential areas
which support affordable housing as follows:
(a) Objective 101.4: Monroe County shall regulate future development and redevelopment
to maintain the character of the community and protect the natural resources by
providing for the compatible distribution of land uses consistent with the designations
shown on the Future Land Use Map.
(b) Objective 101.5: Monroe County shall implement a Point System which directs future
growth in order to:
(1) encourage the redevelopment and renewal of blighted areas
(2) maintain and enhance the character of the community
(3) protect natural resources
(4) encourage a compact pattern of development
(5) encourage the development of affordable housing
(c ) Section 9.5-511, Land Development Regulations: ... "however, in no event
shall an (map) amendment be approved which will result in an adverse
community change of the planning area. . . "
5. Based on the testimony provided by Barry Mankowitz, the developers of the Florida Keys
Medical Service, which is in close proximity to the subject parcels, wish to expand the current
facilities to include an "ambulatory service center", which can operate to dramatically reduce the
costs of current care at the service center due to the types of procedures can be performed on
site, thus reducing the need for residents to travel to areas outside of the County for comparable
medical treatment.
6. Based on the testimony provided by Barry Mankowitz and Donald Craig, the proposed
expanded medical facilities can not be accommodated on the existing parcels, in that additional
parking on the subject lots is necessary and therefore, must be zoned Suburban Commercial
(SC) in order to provide parking as an accessory use to the proposed service center, pursuant to
Section 9.5-4(A), MCC.
7. Based on the testimony provided by Barry Mankowitz, Donald Craig and the surrounding
property owners and based on the legal argument provided by Allison J. DeFoor, the existing
residential character of the area could be maintained only if:
a. Lot 43 were used as a buffer; and
b. Lot 42 were used as a parking area; and
c. Access to the parking area were granted only through a gate on 82nd Street; and
d. The parking area were surfaced with pearock; and
e. The parking area were limited in use only to the employees of the service center
proposed in DO #34-97 and then only during the hours of8:00 a.m. and 5:00 p.m.
MARSURG. * ITXT AMAP
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8. Based on the testimony provided by Donald Craig, the rezoning of Lot 44 to Suburban
Commercial (SC) would result in the requirement of a land use district bufferyard, which would
screen the adjacent residential uses from this commercial use, thereby protecting the residential
character of the area behind the proposed center.
9. Based on comments made by Barry Mankowitz, through Allison J. DeFoor, if the proposed
service center is developed, it shall be constructed to withstand Category 5 hurricane winds, as
required in DO #34-97.
WHEREAS, the Monroe County Board of Commissioners makes the following CONCLUSION
OF LAW:
While the proposed rezoning is inconsistent with some of the objectives of the Monroe County Year
2010 Comprehensive Plan, the Plan, as written does not address the need for any medical facilities
within Monroe County. A greater public need is served by supporting the proposed competitively
priced medical services, with an additional benefit of providing a Category 5 hurricane structure,
which may be used as a hurricane/medical center during public emergencies. We conclude that these
public benefits justify, and will be accommodated through, the proposed rezoning.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusion of law stated above.
Section 2. The previously described properties are currently designated Urban Residential Mobile
Home, as shown on the attached map, which is hereby incorporated by reference and attached as
exhibit 1.
Section 3. Block 4, Lots 42 & 42 and Block 3, Lot 44 of Lida Subdivision 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 (RR) to Mixed
Use/Commercial 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.
MARSURG.*/TXTAMAP
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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 held on the 18thdayof June 1997.
Mayor Douglass
Mayor Pro Tern London
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
yes
yes
YPP,
absent
no
BY
BY
MARSURG. * ITXT AMAP
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rEand Use District Map
Proposed Map Amendment
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Key:
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51.5
Proposal: From URM to SC
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Property Description: Lot 44 I Blk 3 & Lots 42 & 43 R l1c .1 ,",T
Lida Subd. First Addition
Applicant Name: Barry Mankowi tz (Diagnostic X-Ray) /Craig
IMap #: 242 & 231 & 232 File Number M96109/F96011
.ann!' 1.. JlollJage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 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
PAX (305) 852-7146
July 3, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find certified copies of Ordinance Nos. 022-
1997 through 027-1997, which are self-explanatory.
These Ordinances were adopted by the Monroe County Board of
County Commissioners at a Regular Meeting in formal session on
June 18, 1997. Please file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis,
~c~~rk~
cc: Municipal Code Corporation, 022, 023, & 024-1997
County Administrator
County Attorney
Finance Director, 022-1997
Community Services Director, 023 & 024-1997
Growth Management Director, 023, 25, 26, & 27-1997
Public Works ~irector, 022-1997
JFile
Z 396 367 727
Certified Fee
en Special Delivery Fee
a.
Restricted Delivery Fee
. O~/9J97-th
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~ _ Complete items 1 anGlor 2 for additlonaI eervtces.
III _ Complete items 3. 4a. and 4b.
II _ Print your name and address on the reverse of Ihls form 10 that we can return this
t!! card to you.
~ _ Allach this fonn to the front of the mailplec8. or on the back if space doea not
!! permit.
II -Write 'Return Recsipt Requested' on \he maIlplece below the article number.
-5 -The Return Receipt wig show to whom \he artIc:le _ delivered and the eWe
c delivered.
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2. 0 Restricted Delivery . j:
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
l )Hi,'e oi th,' s.,'crd,ln'
l )iii"l' oi Intl'fIl"tion,,1 Rd.lt;oIlS
Didsinll of Administr~lti\'l' St.'n'jcl's
Di\"isioll of Cllrpor"tioIlS
Di\'isiOIl oi Cullur,,1 Aii,lirs
Di\'ision of FIl'....tiolls
Division llf llistori....,'l Rl'SllUfCt'S
Di,'isillll of Libr.u\' .lnd InhlTmatillll St.'f\'in's
Di\ision oi Lilellsin~ FLORIDA DEPARfMENT OF STATE
Sandra B. Mortharn
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic l'ensiln)la I'rescrvatilln Board
Historic St. Augustine I'rcscrviltion Board
Historic Tallahassee Prcscrvatilln Board
Historic Tampa/Hillsborou~h Coullty
PrcservLltion Board
Ringling Museum oi Art
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July 9, 1997
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Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
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Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated July 3, 1997, and certified copy each of Monroe County Ordinance Nos.
97-22,97-23,97-24,97-25,97-26, and 97-27, which were filed in this office on July 8,
1997.
Sin~~
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.fI.us · E-Mail: election@lI/ail.dos.statl'fl.lIs
~UrUlfAl CODE CORPORATION
~U!~J.er Services
PD f,:} 2235
131:Jn3~see! VI 3231&-2235
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~e have received the follo~ing lateriil.
Thallt yOil lor your assishnce and cooperation,
ljrd: Hn(t! !los. 022-1'3'37, 023-1'3'31 and
~24' 1337. We didn't receive Ordinance Nos.
,:':5. ':'(17 thr'J 027-1'3'37 as ilentioneo in yOlH
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hr. ~anny L. Kolhage
Clerk of the Circuit Court
non roe County~ fl
500 Whitehead Street
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c\sr us A&OU1 ll'\A&lNG AND IhDBIMG YOUR DOCllllEH1S
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