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Ordinance 047-1997 BOCC ORDINANCE NO. 047-1997 UJ Cl :r a:: c:-.1 C) C) e:: uJ ("L Cl- C', C' (j"J . .-i e, :;::::: , c:::::> - :z: -. L ("- en ... '"I AN ORDINANCE BY THE MONROE COUNTY BOARD OF COMMISSIONERS APPROVING THE REQUEST FILED BY CHRISTINA SUTTON, EMANUEL MICELLI, ROBERT PETRI, :5 AND JOHN AND ETh..i:L MARSTELLER (CHRISTINA SUTTON u.. AND AMY (EMANUELA) SLATE, AGENTS FOR AN AMENDMENT ;.-: TO THE FUTURE LAND USE MAP OF THE MONROE COUNTY I- Z YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL r-: ~ HIGH (RH) TO MIXED USE COMMERCIAL (MU/C) FOR o o PROPERTIES DESCRIBED AS PART OF LOT 1, AND ALL OF .j eX: u.JLOTS 2 AND 3, BAYWOOD SUBDIVISION, SECTION 11, . 0 ~TOWNSHIP 61 SOUTH, RANGE 39 EAST, TALLAHASSEE ,:: ~ ~MERIDIAN, KEY LARGO, MONROE COUNTY, FLORIDA, MILE ;; ~ :::EMARKER 104. THE REAL ESTATE NUMBERS ARE 00439590, 00439600, 00439600-000100, AND 00439610. WHEREAS, the Monroe County Board of Commissioners, on April 15, 1993, adopted the Monroe Count v Year 2010 Comprehensive Plan, and therefore, designated the above-described properties as Residential High (RH) on the Future Land Use Map (FLUM); and WHEREAS, the Monroe County Board of Commissioners, during a public hearing held on May 20, 1997, conducted a "transmittal hearing" to review and consider a Future Land Use Map amendment request filed by Christina Sutton, Emanuel Micelli, Robert Petri, and John and Ethel Marsteller to change the future land use designation of the subject properties from Residential High (RH) to Mixed Use Commercial (MU/C). WHEREAS, the Planning and Environmental Departments have reviewed the proposed future land amendment and recommend approval; 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 Page 1 of 4 SUTTON. 33/TXTAMAP/#F96002 Initials WHEREAS, the Monroe County Board of County held an lIadoption hearingll on November 12, 1997, notice and public participation in the hearing reviewed all of the above recommendations; and Commissioners and after due process, has WHEREAS, the Monrbe County Board of County Commissioners hereby makes the following FINDINGS OF FACT: 1. Existing uses on the subj ect properties include transient rental units, owner-occupied dwelling units, and signage that, when combined, constitute a IIhotelll as defined by Section 9.5-4(H-7), Monroe County Code and are therefore, not permitted in the Residential High land use designation, according to Policy 101.4.4. 2. The subject properties are situated between properties with similar hotel uses, whose zoning was changed to RV (and were subsequently designated at Mixed Use/Commercial on the FLUM) and between Moon Bay Condominiums, which contain over 80 units and are designated Residential High on the FLUM. All of these properties are located at approximately mile marker 104, which is a divided, four-laned segment of U.S. 1. 3. The subject properties are considered IIdisturbedll on habitat maps and were determined to be IIscarifiedll by a site visit performed by the Environmental Resources Department. 4. Development potential in the proposed designation is limited and managed by the following policies in the 2010 Comprehensive Plan and in the current Land Development Regulations: (a) Policy 101.8.1 prohibits the expansion of non-conforming uses. (Lot 2 is non-conforming due to density.) (b) Policy 101.5.1 and 101.5.3 require that Monroe County adopt a system that will limit the amount of new non-residential development. (c) Policy 101.2.6 prohibits new transient rental units, including hotels, for 5 years from the effective date of the plan. (d) Section 9.5-235, Monroe County Code, states that hotels in the Suburban Commercial zoning district (and Mixed Use/Commercial FLUM district) shall be approved only through the conditional use process. (5) According to Policy 101. 4.5, the Mixed Use/Commercial FLUM designation is to provide areas for various types of commercial and office uses, consistent with the community character, as well as various types of residential and nonresidential uses. (6) According to Policy 101.4.4, the Residential High FLUM designation only allows high density, single-family, multi-family and institutional-residential uses. (7) According to Objective 101.1, Monroe County shall not issue a development permit unless adequate public facilities are available to serve the development. Page 2 of 4 SUTTON. 33/TXTAMAP/#F96002 Initials (8) According to Objective 101.11, Monroe County shall implement measures to direct future growth away from environmentally sensitive land and towards established development areas served by existing facilities. (9) Adequate public facilities exist to accommodate the existing and potential future uses on the subject properties. WHEREAS, the Board of County Commissioners hereby adopts the following CONCLUSIONS OF LAW: 1. Pursuant to Section 905-511, Monroe County Code, a new issue and a need for additional comprehensiveness exist which warrant the proposed FLUM amendment in that the surrounding land uses have been amended to commercial designations in order to accommodate existing uses that are similar to those found on the subj ect properties and would otherwise be non-conforming. (Findings of Fact 1 & 2) 2. The proposed FLUM amendment is consistent with the overall objectives of the 2010 Comprehensive Plan and with those that guide future commercial development of the Keys. Also, the subject properties have characteristics including use as a hotel, proximity to similar Mixed Use/Commercial uses, adjacency to U.S. 1 and scarified habitat condition, that would be most appropriately designated as Mixed Use/Commercial. (Findings of Fact 2 - 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 above; and therefore Section 2. The previously designated Residential High which is hereby incorporated 1. described properties are currently (RH), as shown on the attached map, by reference and attached as exhibit Section 3. The Baywood Subdivision, part of Lot 1 and all of Lots 2 & 3 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, changing the future land use designations for the properties as delineated in Section 3 above 0 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 Page 3 of 4 SUTTON. 33/TXTAMAP/#F96002 Initials Section 6. This ordinance is hereby transmitted to the state land planning agency for approval or disapproval pursuant to Section 380.0552, Florida Statutes. Section 7. This ordinaI').ce spall be filed ln the Office of the Secretary of State 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 Monroe founty, F~rid~ at a regular meeting of the Board held the lztll day of ovem,eA.D., 1997. of on CommissionerMaY6~ Douglass yes Mayor P~6-~em London yes Commissioner Harvey yes Commissioner Freeman yes Commissioner Reich yes -1 i, (Seal) ATTEST: DANNY L. KOLHAGE, CLERK ~~Q. ~~o.~ DEPUTY CLERK BY Page 4 of 4 SUTTON. 33/TXTAMAP/#F96002 Initials : 1: r1 , , / , / , / , / , / , / Snake Point Sexton Co've . ~ \. ~, ~ ~\. .~ \' \~ .\ " S RM ~~ 1 ",---, J " , /7' 1/ ' ~C-/ R M ( , ) (' ,/ c;-- r ,; I 1 ( / I I : I I N 1 " J I L: La rgo SO'LL nd j() /(;~ ~1N, c1ii) /6 c j' iii \,! uture Lan Use Map Pro osed FLUM Amendment Proposal: From RH to Me K ~ RII Key Largo 104.3 1 "=2000' I Property Description: Lots 1,2 & 3, Baywood, Key Largo, Sec. 11, Twn. 61S, Rge 39E. Applicant Name: Sutton Map # : 2 I File Number :F96002/M94071 I mannp 1:. i&olbage 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 HIGI IW A Y PLANTATION KEY, FLORIDA 33070 TEL. (305) HS2-7I45 FAX (305) 852-7]46 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 Jh~(}. ~~~ Deputy Clerk cc: County Administrator County Attorney Growth Mgmnt. Dir. ./File \,:~~ . ~ ~ '.' ~ . '''~~~';~\~...,-:i ". ,"" j 1o.Jil' .. :;1- !, ~ { ~ SENDER: " "CI . Complete items 1 and/or 2 for additional services. 'iii . Complete items 3, 4a, and 4b. GI · Print your name and address on the reverse of this form so that we can return this f? card to you. ~ -Anach this form to the front of the mailpiece, or on the back if space does not ! permit. · Write 'Return Receipt ReqUHted' on the rnallpiece below the article number. · The Return Receipt willllhow to whom the article we. delivered and the dale delivered. '~ I ,~ c: '$ ~ 3. Article Addressed to: i! hy~~ ~ rrk ~ Jtf, 40/ ~cdA.. 7?Zo~ 4. o1oLt. J;RL 301 399. CJ~oO 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. .~ u' 48. A~le ~US'ir J~ ~ II 0 9 ~ c: .. 4b. Service Type i o Registered Certified a: 01 o Express Mail 0 Insured -= o Retum Receipt for Merchandise 0 COO :' 0' 7. Date of DelifttlV 2 11997l '; ~ ~, c: Ill' s::. I- I I ., 8, .-, ~I Jf. 5. R~eived~n~ ~a~el . -..... ... Aft._llA 1 8. Addressee's Address (Only if requested sarvi IQQ i<: nail'll a: ~1r" o >- .!! i I i i Ii; i i f i i Iif i i/ i iii/lil/iiili/I! iff i i II PS, _ .. - - - , . Receipt P 381 826 409 ~ Receipt for - Certified Mail ,. No Insurance Coverage Provided ~ Do not use for International Mail POS'" su",'" (See Reverse) I.' ~ .' ~ '" '" .. Q) C ::J -, r 0 r 1\1 PO~;U~lf' o ~rt.'l'S o CO M E o LL CIl n. $ PCbtflldrk 01 U,jll~ 01/ - aL#A/:()39~ / " / /1- 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 !leach County PreSt'rvation Board Historic Pensacola Prest'rv ation 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 3: (') 0 CD 0 r- J,~ -J -'I Z ;;><:: ~ - . , a ::0 - m :1 0 C"J c-:t ':J rTl ;t. r' 1'1 (') " N (~ 0 i.. ,1 "::'J '-I I:, c:: :::0 :IJ Z -l ::3 m -< >. C) .- 0 .." rr; c::> :::0 r- c.,.:) 0 l> N 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, Florida 32399-0250 . (904) 488-8427 FAX: (904) 488~7869 · WWW Address http://www.dos.state.fl.us . E-Mail: e/ection@mai/.dos.state/l.lIs "-~~" .-~~t"