Ordinance 044-1997
BOCC ORDINANCE NO.
044-1997
o
cr
o
(.)
w
n:.:
c--:
c
Ll"",
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST FILED BY
RICHARD HAIGHT FOR AN AMENDMENT TO THE FUTURE
LAND USE MAP OF THF MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FfiOM RESIDENTIAL LOW (RL) TO
MIXED USE COMMERCIAL (MC) FOR PROPERTY LOCATED AT
88665 OVERSEAS HIGHWAY (FORMERLY THE SABIN
<i PROPERTY) AND DESCRIBED AS LOT 7, BLOCK 3 OF
-lSECTION 1, KEY HEIGHTS SUBDIVISION, SECTION 7,
~TOWNSHIP 63 SOUTH, RANGE 38 EAST, TALLAHASSEE
~MERIDIAN, PLANTATION KEY, MONROE COUNTY, FLORIDA,
zMILE MARKER 88.5. THE REAL ESTATE NUMBER IS
::::>
en (;) 800415940.
.....-4 c:::: Ll.1
~- <..) C'"
,... 0::::
;: ;-~, the Board of County Commissioners, on April 15,
~93~:'::" 'iI~pted 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)i and
:r
::r
"J L:J
-,,.'
e:: "':.'..,
c..
(
lJ
-.
1.1.
WHEREAS, the Monroe County Board of County Commissioners,
during a regular meeting held on May 20, 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 Richard Haight to change the future
land use designation from Residential Low (RL) to Mixed Use
Commercial (MC) for the property described above; and
WHEREAS, the Planning and Environmental
Departments have reviewed the proposed future land
amendment and recommend approvali and
Resources
use map
WHEREAS, during the amendment process,
Review Committee, after due notice and public
the hearing process, has reviewed the proposed
map amendment and recommends approval; and
the Development
participation in
future land use
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
WHEREAS, the Monroe County Board of County
held an "adoption hearing" on November 12, 1997,
Commissioners,
and after due
Page 1 of 4
HAIGHT. 21!TXTAMAP!#F96019
Initials
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 t,he Year 2010 Comprehensive Plan,
the Board of County Coinmissioners established a policy to
have Future Land Use Maps (FLUMs) correspond with existing
land use (zoning) maps 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 subject property
Residential Low (RL) , the future land use category
associated with Suburban Residential (SR) zoning.
2. When the 2010 Plan became effective, it raised the
following new issue which supports the proposed FLUM
change: since the Plan removed nonresidential uses from the
RL category, the originally conforming commercial use and
density of the subject property became nonconforming.
3. Prior to 1986, Lot 7 was zoned for medium business, and the
building was legally expanded. There is no evidence to
indicate that the Board of County Commissioners
intentionally rendered the subject property nonconforming
under the 2010 Plan.
4. Objective 101.8.1 prohibits the expansion of nonconforming
uses.
5.
Policy 101.4.22 allocates .5 units
districts. Lot 7, the subject property,
per acre for
is .275 acres.
RL
6. Lot 7 contains a building of approximately 5,600 square feet
and has a floor area ratio (FAR) .47. The maximum FAR
allowed in Mixed Use/Commercial (MC) FLUM categories is .45.
7. Based on a site visit, Staff determined Lot 7 is located in
a mixed use area: it sits between two roads, has direct
access to U. S. 1, lacks vegetation, is adjacent to a high
intensity commercial use and is across the street from
residential uses.
8. The purpose of the RL future land use category is to provide
for low density residential development in areas with
substantial native vegetation (Policy 101.4.2). The MC
future land use category is intended to provide for mixed
use development patterns which combine residential and
nonresidential uses as compatible and appropriate (Policy
101.4.5). Objective 101.4 requires the County to maintain
community character and protect natural resources.
9.
There
There
is
is
no significant vegetation or
available capacity for all
habitat
public
on Lot 7.
facilities,
Page 2 of 4
HAIGHT. 21/TXTAMAP/#F96019
Initials
although the affected road segment is at marginal facility
capacity.
10. Goal 102 states that the County shall direct growth to lands
intrinsically most suited for development in terms of
environmental sensitivity, and Objective 101.11 requires the
County to direct growth away from environmentally sensitive
lands to areas served by' existing public facilities.
Objective 101.5 calls for the County to encourage compact
development patterns and redevelopment.
11.
Objective 101.8
the frequency of
the County.
calls for the elimination or reduction in
nonconforming uses and structures within
WHEREAS, the Board of County Commissioners hereby adopts
the following CONCLUSIONS OF LAW:
1. New issues raised by the 2010 Plan inadvertently rendered
the formerly conforming Lot 7 nonconforming as to use. This
problem can be resolved with the proposed designations.
(Findings 1-3)
2. There is no commercial development potential under the
current residential FLUM designation. There is no
residential development potential without the use of TDRs.
Under the proposed MC designation, there could be no
expansion of the current use because development potential
has been reached, and there is little development potential
possible with a new use because of the small lot size.
(Findings 4-6)
3. The property is appropriate for commercial use and more
closely meets the purpose of the MC future land use district
than its current RL district. Therefore, designating Lot 7
MC is consistent with Policy 101.4.2. (Findings 7-8)
4. The proposed designation is consistent with Goal 102,
Objective 101.5 and Objective 101.11 because the land is
already disturbed, is served by public facilities and
improves redevelopment potential because the lot size is
inadequate for residential development without transferred
development rights. (Findings 9-10)
5. The proposed designation will further Objective 101.8 by
bringing this legally nonconforming property into conformity
as to use and as close as possible to conformity as to
intensity. (Finding 11)
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
Page 3 of 4
HAIGHT. 21/TXTAMAP/#F96019
Initials
Section 2. The previously described property is currently
designated Residential Low (RL) , as shown on the attached map,
which is hereby incorporated by reference.
Section 3. Lot 7 of Block 3, Section 1 of Key Heights
Subdivision 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 of the
property.
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.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe2county, Florida, atba regular meeting of the Board held on
the 1 th day of Novem er ,A.D., 1997.
Commissioner -Maye~ Douglass yes
Mayor-P~e-~em London yes
Commissioner Harvey yes
Commissioner Freeman yes
Commissioner Reich yes
.:~~
'.! ~.;: '~-'"":-'.\~ ("--:~<"
. """":~'?'l':~~'...
. ".... ~ U; ! ;,.;j-<_:~~' \
, ' _\ Ii ....--:~-
----I fr:'/
. ! \ ,\
' J
;. e~~bi /
COUNTY COMMISSIONERS
CO~
Mayor/Chairman
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
Jb~ c.., ~)d~
DEPUTY CLERK
BY
Page 4 of 4
HAIGHT. 21/TXTAMAP/#F96019
Initials
-----
.-
I
.
0/
./' ~wpens Cut
~ . -
y Basin
.,-
Cowpens Anchorage
Plantation Key
Plantation Point
. ~
N Monroe County Year 2010 Comprehensive Plan
~ Future Land Use Map
p Adopted January 1996
f( tffRll{
r-ibtJlf
/J7 ap 3
I 1 "=2000' I
Jaann!, I.. 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 BIG. IW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 1l52,7145
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
~o.L.JO. A1y1~
Deputy Clerk
cc: County Administrator
County Attorney
Growth Mgmnt. Dir.
JFile
;~
,~.~'~.~\:.,>--~; :".~";
, '~,l!r.'
"~',~..,
. ~
';1-
"
"
t. ~ SENDER:
,; :5! - Complete items 1 and/or 2 for additional services.
III -Complete items 3, 4a, and 4b.
~ - Print your name and address on the reverse of this form so that we can retum this
e.. card to you.
~ -Allach this form to the front of the mailpiece, or on the back if space does not
l! permit.
- Write .Refum Receipt RequflBfed. on the mailpiece below the article number.
- The Retum Recelpt win show to whom the article was delivered and the date
delivered.
'~ 5
1 c
.- 0
t I 7;~to~
~ rrk ~ 47?
40/~~ 7'lZo~ P:
c1cdL.I /L 3 ~ 399~ CJ~o()
I also wish to receive the
fo/lowing services (for an
extra fee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
Consult postmaster for fee. ,~
u'
48, ArtiJ1le Number .
F 38/ J:J.(, Jlo9 IX:
c
..
4b. Service Type .;
o Registered Certified IX:
0\
o Express Mail 0 Insured C
'iii
o Return Receipt for Merchandise 0 COD :'
0'
7. Date of Deliftt) V 2 119911 ;,
~
.11:'
C
Ill'
.c
I-
i
i
.\ '
8,
._1
~,
C!.
5. R~ceiVed~n! ~a~e!
.
...... ..A..a.fIIl.llAt__
8. Addressee's Address (Only if requested
smrllAA Ie: flAirll
IX:
!:i"6."
o
>-
.!!
iii ii
; /
i i
i i!
!i I
i if i iilliiliiiilfilJ
/' if
! I
i;
II
PS, _
... - - - -,
. Receipt
P 381 826 409
~ Receipt for
- Certified Mail
,. No Insurance Coverage Provided
~ Do not use for International Mail
'0'''.'''''''''' (See Reverse)
en
en
..
Ql
C
:::J
-, Torr,[ PWldlJt'
o ~ ft'es
o
ex)
M
E
o
LL
en
CL
$
Po::;tmark 01 Udk
oq -
aL#A/:()39~ I
/;
I
/
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
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 SI. 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: ("') 0 CD
0 , }."" -J 'I
;;><: ~ -
:z: c::J
::0 <.> m 'I
0 C"':) .:)
rn ;1" r
f1
("') C) N "J
0 .-j (. .:u
c :::0 :IJ
:z:
-l ::3 m
-< .' C)
.- 0
..." r!; 0 ::0
I (..) 0
l> f'\)
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125,66, FIorida 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, Florida 32399-0250 . (904) 488-8427
FAX: (904) 488.7869 · WWW Address http://www.dos.state.fl.us . E-Mail: clection@mail.d()s.state:!l,//s
;~<
,.~;