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Ordinance 043-1997 BOCC ORDINANCE NO. 043-1997 M Cl :r a: C\.J 0 c..:~ ......J e:: c.,: 0- , (+' en , ....-l ::::= t ,~ = :::z:: -' l c- O') " AN ORDINANCE BY THE'MONROE COUNTY BOARD OF COMMIS- SIONERS APPROVING TR~ REQUEST FILED BY NIKI LESKO, LORAN VAN VLEET, JAMES FOWLER AND CHARLES FOWLER TO AMEND THE FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL ~(MU/C) FOR BLOCK 5, LOTS 21, 22, 23 AND 4, STRAT- L..t-TON SUBDIVISION WITH REAL ESTATE IDENTIFICATION >fflJMBERS 00399720, 00399730, 00399740 AND 00399570 ~D DENYING THE REQUEST TO AMEND THE FUTURE I": ~D USE MAP FROM RESIDENTIAL MEDIUM (RM) TO C,) c.J.1IXED USE/COMMERCIAL (MU/C) FOR PROPERTY DE- i ~~ u..BCRIBED AS BLOCK 5, SW 1/2 LOT 5, NW 1/2 LOT 7, " 0 ~F STRATTON SUBDIVISION IN SECTION 28, TOWNSHIP . :,c :263 AND RANGE 37, MONROE COUNTY, AT MILE MARKER 82 ,~:~ c:3 ~N ISLAMORADA, WITH THE REAL ESTATE IDENTIFICA- TION NUMBERS 00399570 and 00399600-000100. "It..;. L.U WHEREAS, the Board of County Commissioners, on April 15, 1993, adopted the Monroe County Year 2010 Comprehensive Plan, and therefore, designated the above-described properties as Residential Medium (RM) on the Future Land Use Maps (FLUM); and WHEREAS, the Monroe County Board of Commissioners, during a regular meeting held on February 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 Niki Lesko, Loran Van Vleet, James Fowler and Charles Fowler to change the future land use designation of the subject properties from Residential Medium (RM) to Mixed Use/Commercial (MU/C); and WHEREAS, the Planning and Environmental Resources Departments have reviewed the proposed future land use map amendment and recommend approval for Lots 4, 21, 22 and 23 and denial for 1/2 of Lot 5 and 1/2 of Lot 7; 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 amendment and recommends approval for Lots 4, 21, 22 and 23 and denial for 1/2 of Lot 5 and 1/2 of Lot 7; 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 changes and the recommendations of the Planning and Environmental Resources Departments and the Development Review Committee and recommends approval for Lots 4, 21, 22 and 23 and denial for 1/2 of Lot 5 and 1/2 of Lot 7; and FOWLER. 36/TXTAMAP 1 Initials WHEREAS, the Florida Department of Community reviewed the proposed amendment and issued an Recommendations and Comments (ORC) Report; and Affairs has Objections, WHEREAS, additional into the staff report to the ORC; and data and analysis have been incorporated in support ox the amendment and in response 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 Board of County Commissioners adopts the following FINDINGS OF FACT: 1. The subj ect parcels are currently designated Residential Medium on the Future Land Use Maps. 2. Section 9.5-242 of the Land Development Regulations allows limited commercial development on Improved Subdivision lots that are within 200 feet of the centerline of U.S. 1. 3. Policy 101.4.3 commercial uses in category. of the the 2010 Comprehensive Plan Residential Medium future prohibits land use 4. The U.S. 1-fronting adjacent to commercial Islamorada area. parcels are and office only uses 150' deep and are in the "downtown" 5. Lot 4, Block 5, Stratton Subdivision contains a single-family home and an established commercial business. 6. Objective 101.8 in the 2010 Comprehensive Plan calls for the reduction of non-conforming uses, which the existing canvas shop is considered under the current designation. 7. Lot 4, Block 4, lies directly across Madeira Ave. from Lot 4, Block 5, (one of the parcels in this application) and is designated Mixed Use/Commercial on the FLUM. 8. The uses along Madeira Ave., which are typical of other neighborhood streets in width, include a mixture of restaurant, office, transient, multi-family and single-family residential uses; however, the central portion of the street is exclusively residential. 9. The 1/2 of Lot 5 included in the request contains a single-family home. 10. The 1/2 of Lot 7 included in the request is vacant, while the rear 1/2 contains a single-family home. 11. The LOS for this segment of U. S. 1 is "C", which is consistent with the comprehensive plan. FOWLER. 36/TXTAMAP 2 Initials 12. Stormwater and wastewater LOS are regulated by policies 1001.1 and 101.2.12 and LOS standards for these facilities are maintained regardless of land use. WHEREAS, the Board of County following CONCLUSIONS OF LAW: Commissioners adopts the 1. A new issue brought about by the enactment of the 2010 Comprehensive Plan warrants a change to the Future Land Use designation for Lots 21, 22 and 23 in that the potential for limited commercial development no longer exists, pursuant to Policy 101.4.2 of the Comprehensive Plan. (Findings of Fact 1, 2 and 3) 2. A change to Mixed Use/Commercial future land use category for Lots 21, 22 and 23 is warranted because commercial uses are the most appropriate uses for these properties because of their relatively shallow configuration and adjacency to a commercial strip on both sides of U.S. 1. Therefore, the change will not adversely impact the community character. (Finding of Fact 4) 3. Changing the designation of Lot 4 to Mixed Use/Commercial supports Policy 101.8 of the 2010 Comprehensive Plan and does not constitute encroachment of commercial activities into residential areas, which is discouraged by the 2010 Comprehensive Plan. (Findings of Fact 5, 6, 7 and 8) 4. Changing the FLUM designation of 1/2 Lot 5 and 1/2 of Lot 7 to one that allows commercial uses is inconsistent with the 2010 Comprehensive Plan's Objective 101.8 and overall objective to discourage commercial encroachment into residential areas. The change in FLUM designation would have a negative impact on the community character on Madeira Ave. (Findings of Fact 8, 9 and 10) 5. Adequate public facil ties are in place expected growth that may result from change. (Findings of Fact 11 and 12) to accommodate this land the use 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 Residential Medium (RM), as shown on the attached map, which is hereby incorporated by reference and attached as exhibit 1. Section 3. The Stratton Subdivision, Block 5, Lots 4, 21, 22 and 23 shall now be designated as Mixed Use/Commercial (MU/C). Section 4. The Stratton Subdivision, Block 5, SW 1/2 of Lot 5 and NW 1/2 of Lot 7 shall remain designated as Residential Medium (RM) . FOWLER. 36/TXTAMAP 3 Initials Section 5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended, changing the future land use designations for the properties as delineated in Section 3 above. Section 6. 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 7. This ordinance is hereby transmitted to the State land planning agency for approval or disapproval pursuant to F.S. 380.0552(9) Section 8. 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. 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. COIl1I!lissioner Mayor Douglass Mayor Pro-~em-London Commissioner Harvey Commissioner Freeman Commissioner Reich yes yes yes yes yes BOARD OF COUNTY COMMISSION O~~~RIDA ayor/Chairman BY (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Jl~C. ~~ DEPUTY CLERK ' FOWLER. 36/TXTAMAP 4 Initials Shell Key ~e\ c"O-?>. ~ j~ :hannel Little Basin --0 CJ Upper Matecumbe Key 710A UPPER MATECUMBE KEY BEACH N Monroe County Year 2010 Comprehensive Plan ~ Future Land Use Map p Adopted January 1996 In q & ! DE ? QbOOq i J11ttY' 3 ! f I 1 "=2000' I mann!, lL. itolbage 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) 852-7145 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. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis Jbo.LJ.C. A1y1~ Deputy Clerk cc: County Administrator County Attorney Growth Mgmnt. Dir. ./File ,.-.rut!!-~-;"';_'. -i.i .. -.....~ ,'~" f~,', ,~~ .~ ~ \! 'tJ ..,. "ii CD '" ... CD > .:~ !! '~ CD 1 :; " S ',i " J CD 'ii E o u SENDER: - Complete items 1 and/or 2 for addilional services. - Complete ilems 3. 4a, and 4b. - Print your name and address on Ihe reverse of this form so that we can retum lhis card to you, - Attach this form to the front of the mailpiece, or on the back if space does not permit. - Write 'Return Rscsipt Requested' on the rnailplece below the article nUmber. -The Retum Receipl win snow to whom the article wes delivered and the dale delivered. 3. Article Addressed to: ~~04/J ~k ~~ p?, 40/ ~ 7'lZoii/td P: o1oL1. J -/L. 3 ~ 399- C)dOO I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult.postmaster for fee. 48. Arti.x1e Number I" 38/ J~~ /.109 4b. Service Type o Registered Certified o Express Mail 0 Insured o Return Receipt for Merchandise 0 COO 7. Date of Oelift1) V 2 1 19971 5. R~:eived~n~ ~a,::e! . ...... .............n.AI 8. AddrBssee's Address (Only if requested smrl f_ L.. nS'lirtl :; 6. i i i i; ; 1 ~ i i i i i 1 if ..!! /. i Iii i i i i i j Ii j i i; ; ; i II I itililliiliilii! lfi e; :" Iii ii' ii PS, _ . Receipt p 381 826 409 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) ~- - UHITED STATES POSTAl'S(lNlCf OJ OJ il) C ::l -, 0 0 (Xl (") E 0 u.. l1 (fJ 0.. : l)T AI p():)!i.l~Jf~ I'. F t:l1S $ PoslnkHk U! [}jlf.! 01/ aL#Av:()39~ / -~. . '.. ~---:-~1il- ~~~~; ., .:~;7:'->' ;~~~i. {,'j~, ..)' ~::;,:~y " "j I ail. .2. ~I CD (I), '6l l CD a: c ... ::2 ti a: en c 'ij ::I' ... 0' - ::2. o > ~, C III s: t- ,--1 I / D1VISIO~S OF FLORIDA DEPARTMENT OF STATE Office of the Secretary OHice 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 Sl. 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 .. 3: C'? 0 CD 0 r },~ -J 'I Z ~ ~ - , , c:::J ;:0 - m '1 0 C') C"') ,J rn :J' , 1"1 C'? " N (~ 0 i., ) ::u '-l (, C ::0 :-I) :z: -i ::3 rrt :< .' C) ...... 0 ...., rr. c::;) ::::0 r e,.:) 0 :x> f'\) 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 celtified 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, Florida 32399-0250 . (904) 488-8427 FAX: (904) 488"7869 · WWW Address hUp:llwww,dos.state,fl.us . E-Mail: election@mail.dos.state/f.lIs "~ :',~,:.