Ordinance 028-2004
ORDINANCE NO. 028 -2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY SAM
STOIA TO AMEND THE LAND USE DISTRICT (ZONING) MAP
FROM SUBURBAN RESIDENTIAL (SR) TO SUBURBAN
COMMERCIAL (SC) FOR THE UPLAND PORTION OF PROPERTY
DESCRIBED BY THE REAL ESTATE NUMBERS 00090650.000000,
00090940.000000. 00090640.000000 AND 00090950.000000 IN KEY
LARGO, MONROE COUNTY, FLORIDA AT APPROXIMATELY
MILE MARKER 97.9.
WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting
held on November 19, 2003, conducted a review and consideration of the request filed by the applicant
to amend the land use district (zoning) map from Suburban Residential (SR) to Suburban Commercial
(SC) for the upland portion of property located at Mile Marker 97.9, Key Largo, Monroe County,
Florida having the real estate identification numbers 00090650.000000, 00090940.000000,
00090640.000000 and 00090950.000000.
WHEREAS, the Development Review Committee and staff report recommended approval of
this land use district (zoning) map amendment from SR to SC as indicated in Resolutions D30-03; and
WHEREAS, the Planning Commission held a public hearing on September 24, 2003 and
recommended denial of the request as indicated in Resolution P60-03; and
WHEREAS, the Board of County Commissioners made the following Findings of Fact:
1. Section 9.5-511(d)(5)b. of the Monroe County Land Development Regulations allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. This map amendment is predicated on items iv and v of Section 9.5-511(d)(5) which cites "new
issues" and "recognition of a need for additional detail or comprehensiveness" as a viable reason to
pursue a map amendment and zoning change. New issues: Prior to the effective date of the Monroe
County Year 2010 Comprehensive Plan, the marina use was an allowed conditional use in the
Suburban Residential Land Use (zoning) district. The Comprehensive Plan disallowed all
commercial uses in Suburban Residential zoning districts, thereby rendering the use of the property
non-conforming. Recognition of a need for additional detail or comprehensiveness: The request
for the map amendment is consistent with the proposed Tier III designation of the property. The
request is also consistent with one of the goals of the Livable CommuniKeys Program to eliminate
non-conforming uses via zoning and map amendments if deemed appropriate.
3. The pre-1986 zoning of the property was General Use (GU) for the westerly most parcels while the
two easterly parcels were zoned Business Use-2 (BU-2). These designations are consistent with the
established commercial use of the property.
4. During the 1986 revisions to the Land Development Regulations and land use designations, the land
use district ofthe subject property was changed to Suburban Residential (SR).
5. Section 9.5-207 of the Land Development Regulations states that the purpose of the Suburban
Residential (SR) zoning district is to establish areas of low - to medium-density residential uses
characterized principally by single-family detached dwellings. Prior to the 1996 adoption of the
Monroe County Comprehensive Plan marinas were allowed as a conditional use in the SR zoning
district.
6. The Future Land Use Map (FLUM) of the Monroe County Comprehensive Plan designates the
subject property as Residential Low (RL).
7. Subsequent to the adoption of the Comprehensive Plan and FLUM any future commercial uses in SR
zoning districts were prohibited and any existing commercial uses, such as the marina on the subject
property became non-conforming.
8. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of the
Residential Low future land use category is to provide for low-density residential development in
partially developed areas with substantial native vegetation. Low intensity public and low intensity
institutional uses are also allowed.
9. The pre-1986 Monroe County Code, effective October 1, 1979, Section 19-217, BU-2 - medium
business district states that the purpose of the BU-2 district "is intended to provide areas suitably
situated for centers of commercial activity, area retail sales, sales of fuels, mechanical services,
wholesaling, warehousing and storage.
10. Section 19-178, Monroe County Code, 1984 states "the GU district was established as an interim
land classification pending action to re-zone the property to a residential, business, or industrial
classification. "
11. Section 9.5-511 prohibits any map amendments that would negatively impact community character.
12. The current use of the property, as a marina, dates back to 1966 as evidenced by Building Permit
#11579 issued to Lowe's Marina. This is reflective of the pre-1986 zoning categories of BU-2 and
GD.
13. Section 9.5-206 of the Land Development Regulations indicates that the purpose of the Suburban
Commercial (SC) zoning district is to establish areas for commercial uses designed and intended to
serve the needs of the immediate planning area in which they are located.
14. Based on the established use of the property, the Suburban Commercial zoning category is the most
appropriate for the subject property.
15. The Mixed Use/Commercial (MC) future land use category is compatible with the land use
(zoning) category of Suburban Commercial. The Mixed Use/Commercial future land use
category is the most appropriate FLUM designation for the subject property.
16. Objective 101.11 of the Year 2010 Comprehensive Plan states that Monroe County shall ensure
that at the time a development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of such
developments.
17. The 2002 Public Facilities Capacity assessment Report and the listed programs on stormwater and
wastewater indicates that there are no significant concerns regarding impacts on public facilities.
18. The current zoning and FLUM designation has made the existing use a non-conforming one that
constrains the potential renovation or expansion of the use.
19. Policy 105.1.4 of the Year 2010 Comprehensive Plan states that "Monroe County shall prepare
redevelopment standards and amend the Land Development Regulations to address the large number
of non-conforming commercial structures that are non-compliant as to on-site parking, construction
and shoreline setbacks, stormwater management, landscaping and buffers. By identifying the
existing character and constraints of the different island communities, regulations can be adopted
that provide incentives for redevelopment and permit the continuance of businesses while moving
towards an integrated streetscape."
20. Policy 1 05.2.1 of the Year 20 I 0 Comprehensive Plan states that "Monroe County shall designate all
lands outside of mainland Monroe County into three (3) general categories for purposes of its Land
Acquisition Program and smart growth initiatives. These three categories are: Natural Area (Tier I);
Transition and Sprawl Reduction Area (Tier II); and Infill Area (Tier III).
21. Policy 105.2.1(3) states that "Infill Area (Tier III): any defined geographic area, where a significant
portion of land area is not characterized as environmentally sensitive as defined by this Plan, where
existing platted subdivisions are substantially developed, served by complete infrastructure facilities,
and within close proximity to established commercial areas, or where a concentration of non-
residential uses exists, is to be designated as an Infill Area. New development and redevelopment
are to be highly encouraged."
22. Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
23. The proposed map amendment is consistent with and supported by Goal 102, Policy 105.1.4 and
Policy 105.2.1; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. This map amendment meets the fourth (iv) criteria outlined in Section 9.5-511 of the Monroe
County Land Development Regulations and will not have a negative impact or alter the character of
the subject property or the immediate vicinity.
2. The proposed zoning map amendment meets Objective 101.8 in that it provides a mechanism for the
use on the upland portion of the subject property to come into conformance.
3. The proposed map amendment is supported by Objective 101.11 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2002 Public Facilities Capacity Assessment Report
and the listed programs on stormwater and wastewater. There are no significant concerns regarding
impacts on public facilities as a result of the proposed change.
4. The proposed map amendment is supported by and is consistent with Goal 102, Policy 105.1.4 and
Policy 105.2.1 as it will not have a negative impact on environmentally sensitive land and will
facilitate redevelopment in a Tier III infill area.
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.
Section 2. The upland portion of the previously described property, which is currently Suburban
Residential (SR) shall be designated Suburban Commercial (SC) on the Land Use District Map
which is hereby incorporated by reference and attached as Exhibit 1.
Section 3. 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 invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5. This ordinance is hereby transmitted to the state land planning agency for review and
comment pursuant to Chapter 163, Florida Statutes.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission finding the amendment in compliance with Chapter 163,
Florida Statutes.
[REMAINDER OF PAGE LEFT INTENTIONALL Y BLANK]
II'
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 18th day of August , A.D., 2004
Mayor Murray Nelson yes
Mayor Pro Tern David Rice YPc:.
Commissioner Charles "Sonny" McCoy yes
Commissioner George Neugent yes
Commissioner Dixie Spehar yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY ~(~
(Seal)
ATTEST: DANNY KOHLAGE, CLERK
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EXHIBIT NO. 1
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K~Y LARGO
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Proposed Land Use Distric Map Amendment: Street Map
Key: Key Largo
Mile Marker: 97.9
Proposal: Change land use district from SR to SC and future land use from RL to MUlC
Property Description: RE 90650, 90940, 90640, 90950
Map Amendment #: M23060 Land Use District Map #: 138
EXHIBIT NO. 1
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The Monroe County land Use Map is proposed to be
amended as indicated above and briefly described as:
Chanae Land Use District from SR to SC for RE: 90650. 90940.
90640.90950 ~
Map Amendment # M23060 Sheet # 138