Ordinance 042-1997
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BOCC ORDINANCE NO. 042-1997
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST FILED BY
GEORGE AND GAY .NETH. FOR AN AMENDMENT TO THE
FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR
2010 COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM
(RM) TO MIXED USE COMMERCIAL (MC) FOR PROPERTY
DESCRIBED AS LOTS 1 AND 2, BLOCK 2 OF CASA BLANCA
SUBDIVISION AND INCLUDING FLORIDA DEPARTMENT OF
TRANSPORTATION PARCEL #6011 WHICH ABUTS THE LOTS,
KNOWN AS HERBIE'S RESTAURANT, LOCATED AT 6350
OVERSEAS HIGHWAY, MARATHON, IN SECTION II,
TOWNSHIP 66 SOUTH, RANGE 32 EAST, TALLAHASSEE
MERIDIAN, VACA KEY, MONROE COUNTY, FLORIDA, MILE
MARKER 50.4. THE REAL ESTATE NUMBER IS 336380.
WHEREAS, the Board of County Commissioners, on April 15, 1993,
adopted the Monroe Countv 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 County Commissioners,
during a regular meeting held on June 18, 1997, conducted a
"transmittal hearing" to review and consider a request for a
future land use map amendment to the Monroe Count v Year 2010
Comprehensive Plan filed by George and Gay Neth to change the
future land use designation from Residential Medium (RM) to Mixed
Use Commercial (MC) for the properties described above; 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,
Committee, after due notice and public
hearing process, has reviewed the proposed
amendment and recommends approval; and
the Development Review
participation in the
future land use map
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 changes and the
recommendations of the Planning and Environmental Resources
Departments and the Development Review Committee and recommends
approval; 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
Page 1 of 4
NETH.21/TXTAMAP/#F96020
Initials
WHEREAS, the Monroe County Board of County 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 County Commissioners
hereby makes the following FINDINGS OF FACT:
1. Prior to the adoption of the Year 2010 Comorehensive Plan,
the Board of County Commissioners established a policy to
have the Future Land Use Map (FLUM) correspond with the
existing land use (zoning) map 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 subj ect property
Residential Medium (RM), the future land use category
associated with Improved Subdivision (IS) zoning.
2. The subject property's IS zoning was the result of a mapping
error made during the 1986 comprehensive planning process.
3. A site visit and research confirmed that the subject
property contains 15,897 square feet (sf) and 2,913 sf of
floor area in the form of a restaurant, office and storage.
4. The RM/IS designations allow only single family residential
development at a density of one unit per lot. Commercial
use is prohibited (Policy 101.4.3) .
5. The requested Mixed Use/Commercial (MC) and Suburban
Commercial (SC) designations together are intended for mixed
use development patterns as appropriate and compatible with
community character in areas with commercial and residential
uses (Policy 101.4.5). The property's current use could be
expanded as a conditional use to a floor area ratio (FAR) of
.25, or 3,974 square feet, if all Code requirements are met.
6. The surrounding community is mixed in character, containing
residential and commercial uses. Herbie's restaurant has
been in existence since 1972 according to the application.
7. Sec. 9.5-511, MCC, and Objective 101.4 require the County to
protect community character.
8. Goal 102 calls for growth to be directed away from
environmentally sensitive areas, Objective 101.1 requires
adequate public facilities concurrently with development
impacts, and Objective 101.5 calls for the County to
encourage redevelopment and infill.
9. The requested designations will produce no impacts on
natural resources, will not exceed available public
facilities capacity and will positively affect redevelopment
and infill.
Page 2 of 4
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, .
WHEREAS, the Board of County Commissioners hereby adopts
the following CONCLUSIONS OF LAW:
1. Since the FLUM was derived from the zoning map, the
rationale for the proposed FLUM amendment is to correct the
error which was tranferred'from the incorrectly drawn zoning
map. (Findings 1-2)
2. The subject property better meets the purpose of the MC/SC
designations than the RM/IS designation, and therefore the
proposed map amendment is consistent with Policy 101.4.5,
Objective 101.4 and Sec. 9.5-511, MCC. (Findings 3-7)
3. The proposed FLUM change is consistent with Goal 102,
Objective 101.5 and Objective 101.11 because the land is
already disturbed, is served by sufficient public facilities
and improves redevelopment and infill potential. (Findings
8 - 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 abovei and therefore
Section 2. The previously described property is currently
designated Residential Medium (RM) , as shown on the attached map,
which is hereby incorporated by reference.
Section 3. Lots 1 and 2 of Block 2, Casa Blanca Subdivision
and Florida Department of Transportation Parcel #6011 shall now
be designated as Mixed Use/Commercial (MC)
Section 4. The Future Land Use Map of the
2010 Comprehensive Plan shall be amended,
Section 3 above, changing the future land use
properties.
Monroe County Year
as delineated in
designations of the
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 is hereby 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 the State of Florida, but the effective date of this
plan amendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section
163.3184, Florida Statutes.
Page 3 of 4
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 12th day of November ,A.D., 1997.
Commissioner
""Mayor Douglass
Mayor -:~rcr"""'rem London
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
yes
yes
yes
yes
yes
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BY
COUNTY COMMISSIONERS
COON y~
Mayor/Chairman
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(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
BY
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Initials
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uture Land Use Map
Pro osed FLUM Amendment
Pro p 0 s a I : From RM to MC
Key: Vaca
M M: 50.4
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Property Description: Lot I & 2, Blk 2, Casa Blanca Subd., Sec. 11,
Twn. 66S, Rge. 32E
Applicant Name: Neth (Mattson & TObin) AKA Herbies Restaurant
Map # : 5 File Number : F96020/M96116
Ilannp lL. itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, 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) 1152-7145
FAX (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. Kolliage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
..Doo.1u.1C. !1y1~
Deputy Clerk
cc: County Administrator
County Attorney
Growth Mgmnt. Dir.
./File
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SENDER:
· Complete items 1 and/or 2 for additional services.
. Complete items 3, 4a, and 4b.
· Print your name and address on the reverse of this form so that we can return this
card to you.
· Attach this fonn to the front of the mailpiece, or on the back if space does not
permit. '
· Write "Return Receipt Requested" on the mailpiece below the article number.
· The Retum Receipt will show to whom the article was delivered and the date
delivered.
3. Article Addressed to:
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2. 0 Restricted Delivery
Consult postmaster for fee.
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4b. Service Type
o Registered Certified
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7. Date of Delift'fJV 2 119911
8. Addressee's Address (Only if requested
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DIVJSIQNS 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
Division 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 St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
RingIing 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,
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Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 32399-02.50 . (904) 488-8427
FAX: (904) 488-7869 · WWW Address http://www.dos.state.fl.us . E-Mail: e1ection@mail.dos.statejl.us
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