Ordinance 037-1997
BOCC ORDINANCE NO.
037-1997
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN AMENDMENT TO THE
OFFICIAL LAND USE DISTRICT (ZONING) MAP PROPOSED
BY THE MONROE COUNTY PLANNING DEPARTMENT FOR A
CHANGE FROM OFFSHORE ISLAND (OS) TO PARK AND
REFUGE (PR) FOR l?ROPERTY DESCRIBED AS GOVERNMENT
LOT I, IN SECTION 13, TOWNSHIP 66 SOUTH, RANGE 31
EAST, TALLAHASSEE MERIDIAN, LOCATED ALONG THE OLD
SEVEN MILE BRIDGE, PIGEON KEY, MONROE COUNTY,
FLORIDA, MILE MARKER 45, WITH REAL ESTATE NUMBER
00106120.
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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,
during a public hearing held on September 17, 1997, conducted a
review and consideration of a map amendment sponsored by the
Monroe County Planning Department to change the land use district
(zoning) designation from Offshore Island (OS) to Park and Refuge
(PR) 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
WHEREAS, the Monroe County Board of County Commissioners
hereby makes the following FINDINGS OF FACT:
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1. Pigeon Key is a county-owned park registered as a national
historic site and contains eleven buildings which are used
for research, education and historic restoration.
2. Pigeon Key is currently zoned Offshore Island (OS) and
designated Recreation (R) on the Future Land Use Map (FLUM).
3. The following new issues were raised when the 2010 Plan
became effective which,support the proposed rezoning:
--Policy 1201.4.1 requires that the existing county-owned
parks be rezoned to Park and Refuge (PR);
--Objective 101.4 calls for the County to protect community
character through a compatible distribution of land uses
consistent with the FLUM.
4. The principal purpose of the Recreation (R) FLUM category is
to provide for public and private activity-based and
resource-based recreational facilities (Policy 101.4.9).
5. The only zoning designation consistent with the R FLUM
category is PR (Policy 104.22) .
6. Objective 104.4 calls for the County to adopt measures to
protect and preserve historic resources on public lands.
Regarding Pigeon Key specifically, Policy 104.4.1 calls for
the County to ensure that the renovation and use of the site
retains its historical and architectural character.
7. Policy 104.4.5 calls for the lessee of Pigeon Key to adhere
to the Secretary of the Interior's Standards for
Rehabiltiation so development is limited to activities
consistent with the site's historical integrity.
8. The site is disturbed, development potential is limited by
the historic nature of the property, and there is sufficient
public facilities capacity to serve the existing and
potential uses.
9. Goal 102 requires the County to direct growth to areas
intrinsically most suitable for development. Objective
101.11 requires the County to direct growth to areas served
by existing public facilities. Objective 101.5 calls for
encouragement of redevelopment.
10. Sec. 9.5-511 of the Code prohibits any map amendment which
would negatively impact community character.
WHEREAS, the Board of County Commissioners hereby adopts
the following CONCLUSIONS OF LAW:
1. The proposed rezoning is consistent with the new issues
raised by Objective 101.4, Policy 101.4.9 and Policy
1201.4.1 by bringing Pigeon Key's zoning into conformance
with its future land use category. (Findings 1-5)
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Initials
2. The proposed rezoning is consistent with Policy 104.4 and
Policy 104.4.1 because it will allow the protection,
continued renovation and public recreational and educational
use of the Pigeon Key historic district. (Finding 6)
3. The proposed rezoning supports Goal 102, Objective 101.5 and
Objective 101.11 because the land is already disturbed,
development potential is very limited, there are sufficient
public facilities and, redevelopment of existing facilities
will be encouraged. (Findings 7-9)
4.
The rezoning is consistent with Sec. 9.5-511 of the
because it will allow the continued enhancement
restoration of Pigeon Key's resources which will benefit
character of the greater Keys community and cause
negative impacts. (Finding 10)
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and
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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 property is currently
designated Offshore Island (OS), as shown on the attached map,
which is hereby incorporated by reference and attached as exhibit
1.
Section 3. The previously described property shall now be
designated as Park and Refuge (PR).
Section 4. The Land Use District (Zoning) Map shall be
amended, changing the land use designation for the property as
delineated in Section 3 above.
Section 5. 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 6. This ordinance shall be transmitted to the state
land planning agency for approval or disapproval pursuant to
Section 380.0552(9), Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the
Secretary of State for the State of Florida, but shall not be
deemed effective until approved by the state land planning agency.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monr~~t~ounty, Florida, at a regular meeting of the Board held on
the day of September , A. D., 1997.
Mayor Douglass yes
Mayor Pro Tern London yes
Commissioner Harvey yes
Commissioner Freeman yes
Commissioner Reich yes
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ATTEST: DANNY L. KOLHAGE,
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DEPUTY CLER
BY
CLERK
BY
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MOSER
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SEVEN III.E BRIDGE
CHANNEL
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Key: Pigeon Key
MM: 45
Property Description: Pigeon Ke , Sec. 13, Twn. 665, R e. 31 E
RE 106120.
Applicant Name: Monroe County Planning Dept.
Map # : not shown on LUD maps File Number : M97119
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BRANDi OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF 'IHE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANDi OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
October 9, 1997
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CERTIPIBD HAIL
RETURN RBCEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe street
Tallahassee, FL 32399-0250
~ear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 037-
1997, which is self-explanatory. .t.
This Ordinance was adopted by the Monroe County Board of
County Commissioners at a Regular Meeting in formal session on
september 17, 1997. Please file for record.
Danny L. ltolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
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Deputy Clerk~
cc: Board of County Commissioners
Growth Management Director
County Administrator
County Attorney
File
Is your RETURN ADDRESS compIeeed on the reverse side?
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Officl' of till' Send"'v
{)ffict..' llf IntL'rnlltil)nl~l Rl'Iatilllls
t>i\'isilltl of Administr.lti"L' Servicl's
Di,'isillll of Corporations
Di\'isillll of Cultur.ll Aff.lirs
Division of Ell'ctiurlS
Di\'ision of llistoric.ll Rl'sources
Di\'isillll of Libr.1r\' <lTld [nhlfl11,ltioll St.'f\'kes
Divisi,>n of LicL'nsin~ FLORIDA DEPARTMENT OF STATE
Sandra B, Mortharn
Se~retary qf State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Au~ustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/HillsborLlugh County
Preservation Board
Ringling Museum of Art
October 16, 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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated October 9, 1997, and certified copy of Monroe County Ordinance No. 97-37,
which was filed in this office on October 15, 1997.
Sincerely,
LC/mw
Liz Cloud, Chief
Bureau of Administratiye Code
I
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: election@1Ilnil.dos,stntefl,lIs