Resolution 383-1994
FILED F OF RECORf
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eLK UR (1. Planning Department
~1ONROE i'OUN 1 y, F LI
RESOLUTION NO. 383-1994
A RESOLUTION DENYING A LAND USE DISTRICT MAP
AMENDMENT CHANGING THE LAND USE DESIGNATION
FOR THE HOLIDAY HARBOUR PROPERTY LEGALLY
DESCRIBED AS LOT 535, AND THE WESTERLY 15
FEET OF LOT 536, PORT LARGO, FIFTH ADDITION,
KEY LARGO FROM IMPROVED SUBD IVI S ION ( IS) TO
SUBURBAN COMMERCIAL (SC).
WHEREAS, Section 9.5-511(c), Monroe County Code of Ordinanc-
es (Code), provides that the land development regulations (Chap-
ter 9.5 of the Code), including the land use district maps, may
be amended or changed at any time; and
WHEREAS, the Board of County Commissioners on February 28,
1986, designated Lot 535, and the westerly 15 feet of lot 536,
Port Largo, Fifth Addition, Key Largo, Section 33, Township 61
South, Range 39 East, Real Estate Numbers 00453475-015100 and a
portion of Number 00453475-015200, as Improved Subdivision (IS),
and
WHEREAS, the applicant has requested a map amendment for the
above described property to change its land use district designa-
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tion from Improved Subdivision (IS) to Suburban Commercial (SC);
and
WHEREAS, the Planning Department's staff have reviewed the
proposed land use district map changes and recommended approval;
and
WHEREAS, during the amendment process, the Development Review
Committee, after due notice and public participation in the hear-
ing process, has reviewed the proposed land use district map
changes 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 Department and the Development Review
Committee.
WHEREAS, the Planning Commission has made the following Find-
ings of Fact and Conclusions of Law:
1. Pursuant to Section 9.5-511 (d) (4), the Planning Commission
has a duty to review the application, the reports and recom-
mendations of the department of planning and the development
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review committee, and the testimony given at the public hear-
ing, and hereby submit its recommendations and findings to
the board of county commissioners; and
2. We have reviewed all of the above data and are particularly
disturbed by the evidence provided by the neighbors which
demonstrated numerous code enforcement infractions which have
a direct bearing on the suitability of the premises for a
more intense zoning category. Additionally, staff was unable
to provide any testimony or evidence regarding the infrac-
tions, and admittedly did not not take those issues into
account when making their recommendations; and
3. Current uses of the property for the purpose of mooring a
gambling boat, are not suitable to the surrounding area.
Care must be taken not to rezone the property to a Land Use
Category which would permit it, either as of right or as a
conditional use; and
4. Any development approval activity (including rezonings)
should be tabled by both the Board of County Commissioners
and the Planning Commission until all prior development with-
out approval issues are resolved; and
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WHEREAS, the Planning Department still recommends approval of
the requested zoning change from Improved Subdivision (IS) to
Suburban Commercial (SC); and
WHEREAS, the Monroe County Board of Commissioners, after due
notice and public participation in the hearing process, has re-
viewed all of the above recommendations and now legislatively
acts thereon; and
WHEREAS, F.S. 380.0552(9) requires that the state land plan-
ning agency must approve all proposed land use district map chang-
es before such changes may become effective; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUN-
TY, FLORIDA: THAT
Section 1. This Board specifically adopts the findings of
facts and conclusions of law reached by the Planning Commission
as our own; and therefore
Section 2. The decision on the rezoning request is tabled
until all prior development without approval issues are resolved.
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Section 3. The Map Amendment application will be brought
before the Planning Commission and the Board of County Commission-
ers once the development without approval issues have been re-
solved for the above described property.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 22nd day of November I A. D., 1994.
Mayor Freeman yes
Mayor Pro-tern London yes
Commissioner Harvey yes
Commissioner Douglass yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY ~~~~
MAYOR/CHA
(SEAL)
~",~,12~~~~)
PUTY LERK
.r
ATTEST: DANNY L. KOLHAGE, CLERK
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