Ordinance 041-1997
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BOCC ORDINANCE NO.
041-1997
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COMMISSIONERS APPROVING THE REQUEST FILED
BY CAROLYN VOlT TO AMEND THE FUTURE LAND USE
MAP FROM RESIDENTIAL' LO-V '(RL) TO MIXED USE/
COMMERCIAL (MC) FOR PRO?ERTY LOCATED AT MILE
MARKER 49 AND FURTHER DESCRIBED AS A PORTION
OF SOMBRERO PROPERTIES, BOOT KEY PARCELS 10
AND lOA, 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, the Board of County Commissioners, on April 15, 1993,
adopted the Monroe County Year 2010 Comprehensive Plan, and
therefore, designated the above-described property as Residential
Low (RL) on the Future Land Use Map (FLUM); and
WHEREAS, the Monroe County Board of Commissioners, during a
regular meeting held on March 19, 1997, conducted a "transmittal
hearing" to review and consider a request for a future land use
map amendment to the Monroe County Year 2010 Comprehensive
Plan filed by Carolyn Voit to change the future land use
designation from Residential Low (RL) to Mixed Use/Commercial
(MC) for the above described property; and
WHEREAS, the Planning and
have reviewed the proposed
recommend approval; and
Environmental
future land
Resources Departments
use map amendment and
WHEREAS, during the amendment process, the Development Review
Committee, after due notice and public participation in the
hearing process, has reviewed the proposed future land use map
changes 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 future land use map change and the
recommendations of the Planning and Environmental Resources
Departments and the Development Review Committee and recommends
a~proval; and
WHEREAS, the Florida Department of Community Affairs has
reviewed the proposed amendment and has not issued an Objections,
Recommendations and Comments (ORC) Report; and
WHEREAS, the Monroe County Board of Commissioners held an
"adoption hearing" on November 12, 1997, and 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.021/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 Cdnditions 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. During the 1986 comprehensive planning process, the property
was designated Suburban Residential (SR), which at that time
permitted marinas, 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 (RL) 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 future land use map change will not result in
additional development potential which could impact community
character, natural resources, public facilities, or infill. The
configuration 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 Mixed Use/Commercial
(MC) 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 (zoning) designation of the subject property.
(Findings 1-3)
2. The inadvertent mapping error was exacerbated when the Board
of County Commissioners adopted Policy 101.4.2 (prohibiting
SOMBRERO.021/TXTAMAP
2
Initials
commercial uses in Residential Low) 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 alreaoy 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 Mixed Use/Commercial. (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 property is currently
designated as Residential Low (RL) , as shown on the attached map
which is hereby incorporated by reference.
Section 3. Sombrero Properties, Boot Key Parcels 10 and lOA
shall now be designated as Mixed Use/Commercial (MC).
Section 4. The Future Land Use Map of the Monroe County Year
2010 Comprehensive Plan shall be amended, as delineated in
Section 3 above, changing the future land use designation for the
properties.
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. This ordinance is hereby transmitted 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 the effective date of this
plan maendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission
finding the amendment in comliance in accordance with Section
163.3184, Florida Statutes.
SOMBRERO.021/TXTAMAP
3
Initials
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 12th
day of November ,A.D., 1997.
Conrrnissioner
-lI4ayeF Douglass
Mayor-PFe-~em London
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
yes
yes
yes
yes
yes
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By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
BY
SOMBRERO.021/TXTAMAP
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA TIiON, FLORIDA 33050
TEL. (305) 289-6027
PAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
PAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIG! IW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 1152-7I45
PAX (305) 852-7146
November 19, 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:
Enclosed please find certified copies of Ordinance Nos. 039 through 048-1997,
which are self-explanatory.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in fonnal session on November 12, 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
Jho.LJ.{}. ~~
Deputy Clerk
cc: County Administrator
County Attorney
Growth Mgmnt. Dir.
./File
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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
Division of Cultural Affairs
Division of Elections
Div ision of Historical Resources
Division of Library and Information Services
Division of Licensing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of 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 51. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
Ringling Museum of Art
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
November 24, 1997
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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 November 19, 1997, and certified copy each of Monroe County Ordinance
Nos. 97-39, 97-40, 97-41, 97-42, 97-43, 97-44, 97-45, 97-46, 97-47, and 97-48, which
were filed in this office on November 21, 1997.
Sincerely,
~~~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, FlQrida 32399-0250 . (904) 488-8427
FAX: (904) 488-7869 · WWW Address http://www.dos.state.fl.ulil . E-Mail: decfion@mail.dossfafl'/l.lIs
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