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Ordinance 064-1996Planning Department ORDINANCE NO.064 _1996 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ADOPTING A LAND USE MAP (ZONING) AMENDMENT CHANGING THE LAND USE DESIGNATION FROM SUBURBAN RESIDENTIAL (SR) TO SUBURBAN COMMERCIAL (SC) FOR PROPERTY LOCATED AT 84801 OLD HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT 7, OF MACDONALD'S PLAT, SECTION 23, TOWNSHIP 63 SOUTH, RANGE 37 EAST, TALLAHASSEE MERIDIAN, WINDLEY KEY, MONROE COUNTY, FLORIDA AND HAVING THE REAL ESTATE IDENTIFICATION NUMBER 00094000. WHEREAS, Section 9.5-511(c), Monroe County Code of Ordinances (Code), provides that the land development regula- tions (Chapter 9.5 of the Code), including the land use district maps, may be amended or changed at any time; and.=?" =, M. Q WHEREAS, the Board of County Commissioners on February 28, 1996, designated property described as portion o? LotD 7 of rn ; _-D MacDonald's Plat in Section 23, Township 63 South, Range 37 East,. Tallahassee Meridian, Upper Matecumbe, at mile marker 84.8, Mon- roe County Florida as Suburban Residential (SR); and WHEREAS, the applicant has requested a map amendment for the above described property to change its land use district designation from Suburban Residential (SR) to Suburban Commercial (SC) ; and WHEREAS, the Planning and Environmental Resources Depart- ments initially reviewed the proposed land use district map chang- Page 1 BOSIQUE.38/TXTAMAP Initials es in accordance with the 1986 Comprehensive Plan and recommended denial ; and WHEREAS, during the amendment process, the Development Review Committee, after due notice and public participation in the hearing process, has reviewed the proposed land use district map changes in accordance with the 1986 Comprehensive Plan and recommended denial ; and WHEREAS, the Planning and Environmental Resources Depart- ments reconsidered the proposed land use district map changes in accordance with the Monroe County Year 2010 Comprehensive Plan and recommended 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 land use district map changes and the recom- mendations of the Planning and Environmental Resources Depart- ments and recommended approval; and WHEREAS, the Monroe County Board of Commissioners, 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 makes the following findings of fact: Page 2 BOSIQUE.38/TXTAMAP Initials 1. The prioperty has been used as a hotel, restau- rant and marina since 1958. 2. The property is designated Commercial -Tourist Services on the 1985 Existing Conditions Map and zoned Suburban Residential. 3. The enactment of the Monroe County Year 2010 Comprehensive Plan rendered hotel, restaurant, and marina uses, as non -conforming uses in Suburban Residential districts. 4. No records exists that the County deliberately intended to designate this property as non -conforming. 5. Rezonings over the past 10 years have resulted in a commercial community character for the area surrounding the subject property. 6. Goal 102 and Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan call for directing growth to lands suitable for development and the elimination and reduction in frequency of uses which are inconsistent with the applicable provisions of the land development regulations. Page 3 BOSIQUE.38/TXTAMAP Initials 7. The proposed zoning of SC is not consistent with the existing Future Land Use Designation of Residential Low, but would be consistent with the Future Land Use Designation of Mixed Use/Commercial, as requested by the applicant. WHEREAS, the Monroe County Board of Commissioners makes the following conclusions of law: 1. The property has been inadvertently made non -conforming by the enactment of the Monroe County Year 2010 Comprehensive Plan. (Finding of Fact 1-4). 2. Recent rezonings in the vicinity of the property and existing land uses reinforce the commercial nature of the community character of this area and, therefore make Suburban Commercial more appropriate for this property than low density residential uses. (Finding of Fact 5 ) . 3. The rezoning of the property from SR to SC will support Goal 102 and Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan by making the property conforming and directing growth away from more sensitive lands to areas more suitable for develop- ment. (Finding of Fact 6). Page 4 BOSIQUE.38/TXTAMAP Initials i 4. The existing Future Land Use Designation of SR for the property must be changed to Mixed use/Commercial in order for the property to be rezoned to SC. (Finding of Fact 7 ) . NOW THEREFORE BE IT ORDAINED BY THE BOARD OF 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, as shown on the attached map, which is hereby incorporated by reference, and attached as exhibit 1, shows that the property is currently desig- nated as Suburban Residential (SR) and shall now be designated Suburban Commercial (SC). Section 3. The land use district map shall be amended, as shown in exhibit 2, changing the land use designation for the property. Section 4. 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 invalid- ity. Section 5. The adoption of this ordinance shall only be effective upon the adoption of an ordinance approving a change to Page 5 BOSIQUE.38/TXTAMAP Initials i the Future Land Use Maps from Residential Low to Mixed Use/Commercial for the subject property. Section 6. After the effective date of its adoption, this ordinance shall be 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 State of the State of Florida, but shall not be deemed effective until approved by the state land planning agency. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 12 th day of November , A.D., 1996. Mayor Freeman yes Mayor Pro Tem London absent Commissioner Harvey yes Commissioner Douglass yes Commissioner Reich yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA • 4::6n -% MAYOR/CHAI 1.1 BOSIQUE.38/TXTAMAP Initials KE� a o , 0 R 7 COTTON UPPEi \� t W/ND/EY uArECUMBE 1SLAMORADA KEYIz ti �1 AMORADA ISLAMORADA 15 • % �WINDLEY WINOLEY fACHT/� CHAMBER R �j KEY-- KEY 3A Ifv Ewy-�^C� ^ ` wowus I ,t3 L .-_� _ } "'D""' •• '--COMSIERCE�ouoo st �, 7%S r_ OI1�M6�fT A ` MARINA ! E \ S T's <' I %FISHING sC SPORTWHALE OF_iHF.�EA VENT • FLEET POINT HARBOR cl n 72 c N Street Map Monroe County M ys� 1 "='/z mile I 1 "=400' Land se District ap Proposed Map Amendment Key: Windley MM: 84.9 Proposal: From SR to SC Property Description: Pt Lot 7, Windley key Sec. 23, Tan 63S, Rge 37E Applicant Name: Javier Bisique & Paul E Bates/David DeHaas Map # : 171 & 172 File Number: M95087 BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 XImp X. Rotbafto CLERK OF THE CIRCUIT COURT MONROE COUNTY - 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 November 25,1996 CERTHIM MAU, RETURN RECEIPT REQUESTED Mrs. Liz Cloud Florida Department of State Bureau of Administrative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, Fl. 32399-0250 Dear Mrs. Cloud: BRANCH OFFICE BM20 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL (305) 852-7145 FAX (305) 852-7146 Enclosed please find a certified copy of Monroe County Ordinance No. 064-1996, adopting a Land Use Map (Zoning) Amendment changing the Land Use Designation from Suburban Residential (SR) to Suburban Commercial (SC) for property located at 84801 Old Highway and legally described as a portion of Lot 7, of MacDonald's Plat, Section 23, Township 63 South, Range 37 East, Tallahassee Meridian, Windley Key, Monroe County, Florida, and having the Real Estate Identification No. 00094000. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in formal session, on November 12, 1996. Mrs. Liz Cloud November 25,1996 Page 2 Please file for record. Sincerely, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen d Deputy lerk Enclosure cc: County Attorney County Administrator Growth Management Director ---- - --- File f o• "aa Ss Complete ENDERems 1 and/or 2 for additional services. I also wish to receive the rn in ■Complete items 3, 4a, and 4b. following services (for an r ■ Print your name and address on the reverse of this form so that we can return this extra fee): ` card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address U permit. ■Write'Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery d • N O 00 ■The Return Receipt will show to whom the article was delivered delivered. and the date Consult for fee. a I C postmaster V) d 3. Article Addressed to: 4a. Article Number W- ti MRS. LIZ CLOUD Z 396 367 700 n. a FLORIDA DEPARTMENT OF STATE 4b. Service Type +' $ BUREAU OF ADMINISTRATIVE CODE ❑ Registered ❑ Certified CO01 THE ELLIOT BUILDING ❑Express Mail ❑Insured S y, l ' 401 SOUTH MONROE STREET ❑ Return Receipt for Merchandise ❑ COD TALLAHASSEE, FL. 32399-0250 i 7. Date of Delivery Z — — i'i 7 O~ 5. Received By: (PrintNarns) 8. Addressee's Address j` iyif eques e c W and fee is paid) cc, 6. Signature: (Address rA t) o Xt - PS Form 3811. ecember 1 Domestic Return Receipt P I Z 396 3L7 700 Receipt for Certified Mail No Insurance Coverage Provided UNrrID) STAMS Do not use for International Mail vosruserrv� (See Reverse) Sent to MRS. LIZICLOUD Fie,ORIDA 1DEPT. OF STATE 401aSOUTHCdW MONROE STREET IbABLAHASSEE, FLt 4 .- 25 Certified Fee Special Delivery Fee - Restricted Delivery Fee Return Receipt Showing to Whom & Date,Deliverted—„ 1 __ Return ReceilS Shnwing-tb':VJVio ;1 Date, andgddr,'esses:pMqress".i (, TOTAL Ppslage' ° =�� & Fees t 'ti13 Postmark _of Date, ._ 9 Fll (ORD. 061-1996 THRU 064-19 D1 5) DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division ul' Cultural Allairs Division of Elections Division of Historical Resources [Nvisitm of Lihrtry and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS November 27, 1996 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: HISTORIC PRESERVATION BOARDS 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 Tampe/Hillsborougqh Couni Preservafnon Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letters dated November 22 and 25, 1996, and certified copy each of Monroe County Ordinance Nos. 96-57 through 96-64, inclusive, which were filed in this office on November 27, 1996. LC/mw .1 Sincerely, ULC,4j Liz Cloud, ief Bureau of Administrative Code The Elliot Building • FAX: (904) 488-7868 s BUREAU OF ADMINISTRATIVE CODE 401 South Monroe Street • Tallahassee, Florida 32399-0250 0 (904) 488-8427 WWW Address http://www.dos.state.fl.us 9 E7Mail:election@ma,il.dos.state.fl.us