Ordinance 018-2005
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ORDINANCE NO. 018 -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONONERS APPROVING THE REQUEST OF R&S OF KEY
WEST, INe. FOR A LAND USE DESIGNATION AMENDMENT FROM
URBAN RESIDENTIAL MOBILE HOME (URM) TO MIXED USE (MU)
FOR THE PROPERTY KNOWN AS THE GOMEZ TRAILER PARK,
MALONEY SUBDIVISION, PB 1-55, lots 1,2,3,9,12,13-16, 19,20, SECTION
35, TOWNSHIP 67, RANGE 25, STOCK ISLAND, FLORIDA, HAVING
REAL ESTATE NUMBERS: 00124350.000000, 00124430.000000,
00124460.000000, 00124470.000000, AND 00124530.000000 AT
APPROXIMATE MILE MARKER 5; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORA nON INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on July 20, 2005, conducted a review and consideration of the request filed by R&S
of Key West, Inc. to amend the zoning map from Urban Residential Mobile Home (URM) to Mixed
Use (MU) land use district for the property known as the Gomez Trailer Park. The property is
legally described as Maloney Subdivision, PB 1-55, lots 1,2,3,9,12,13-16, 19, 20, Section 35,
Township 67, Range 25, Stock Island, Florida, having real estate numbers: 00124350.000000,
00124430.000000, 00124460.000000, 00124470.000000, and 00124530.000000 at approximate
Mile Marker 5.; and
WHEREAS, based on the recommendation of the Development Review Committee, the
staff recommended approval of the application to the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on May 11,2005.
Based on the facts presented at the meeting, the Planning Commission recommended approval of
the rezoning as indicated in the Resolution PO -05; and
WHEREAS, the Board of County Commissioners further reviewed the application and
made the following Finding of Facts:
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 recognizes a need for comprehensiveness in planning (Section 9.5-
511(d)(5)b.(v) of the Monroe County Code). The application was initiated by the applicant's
agent in order to rezone the subject property to a land use district that represents the historic use
of the property and corresponds with the Future Land Use Map designation.
3. Pre-1986 zoning of the subject properties was Medium Commercial (BU-2F).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Urban Residential Mobile Home (URM) pursuant to Ordinance 33-
1986 dated February 28, 1986.
5. Section 9.5-219 states that the purpose of the Mixed Use District (MU) is to establish or
conserve areas of mixed uses including commercial fishing, resorts, residential, institutional and
commercial uses, and preserve these areas representative of the character, economy and cultural
history of the Florida Keys.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shows that
areas around the Gomez Trailer Park received a Future Land Use Map (FLUM) designation of
Mixed Use Commercial (MC), not consistent with their current land use designation.
However, the proposed land use designation of Mixed Use (MU) would be consistent with the
FLUM designation.
7, Based on Policy 101.4.5 of the Comprehensive Plan, the principal purpose of the Mixed
Use/Commercial land use category is to provide for the establishment of commercial zoning
districts where various types of commercial retail and office uses may be permitted at intensities
which are consistent with the community character and the natural environment. This land use
category is also intended to allow the establishment of mixed-use development patterns, where
appropriate.
8. The Mixed Use Commercial (MC) Future Land Use category corresponds with the proposed
Mixed Use (MU) land use district.
9. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
10. Objective 101.11 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 development.
11. The 2004 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicate that there are no significant concerns regarding impacts on
public facilities.
12. The proposed map amendment supports Goal 102 as it proposes no additional density or
intensity on the site, There will be no additional impact on environmentally sensitive lands.
13. The site is not located under the flight path of the Boca Chica Naval Air Station and not affected
by the current or proposed AICUZ Overlay.
14. Based on Chapter 380.031 of the Florida Statutes, the definition of "Development Permit"
includes zoning permit and rezoning. Therefore, a zoning change should support and implement
the Land Development Regulations.
15. Based on Chapters 163.3201 of the Florida Statutes, Land Development Regulations shall be in
compliance with and implement the adopted local Comprehensive Plan.
16. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
17. The community character of the neighborhood is primarily Mixed Use (MU) designated
properties. Some of the residential properties are Urban Residential Mobile Home with a
mixture of mobile homes and RV's. The Land Use Map designations for the surrounding area
include Natural Area (NA) adjoining on the South end of the property, MU to the East and
North, and MU and NA to West.
WHEREAS, the Board of County Commissioners made the following Conclusions of
Law:
1. The Monroe County Planning Commission recommendation of approval to the BOCC is based
on the consistency of the proposal with applicable Land Development Regulations and the
overall intent of the Comprehensive Plan.
2. The applicant has sufficiently proven that the requested map amendment would be consistent
with the overall intent of the Year 2010 Comprehensive Plan.
3. The proposed map amendment does meet the requirements outlined in Section 9,5-511 of the
Land Development Regulations and will not negatively impact and alter the character of the
surrounding community.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described properties shall be rezoned to Mixed Use (MU), 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. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until approved by the Department of Community Affairs or
Administration Commission.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting held on the 20th day of July, A.D., 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
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Mayor/Chairperson
BY
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ATTEST: DANNY L. KOLHAGE, CLERK
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The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Key: Stock Island
Mile Marker: 5
Proposal: Change Land Use District from Urban Residential Mobile Home
District (URM) to Mixed Use Distrct (MU).
Property Description: RE 00124350.000000,00124430.000000,
00124460.000000, 00124470.000000, and 00124530.000000
Map Amendment: M25069
Land Use District Map #: 476
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Proposed Land Use District Map Amendment: Street Map
Key: Stock Island
Mile Marker: 5
Proposal: Change Land Use District from Urban Residential Mobile Home
District (URM) to Mixed Use Distrct (MU).
Property Description: RE 00124350.000000, 00124430.000000,
00124460.000000, 00124470.000000, and 00124530.000000
Map Amendment: M25069 Land Use District Map #: 476
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Proposed Land Use District Map Amendment: Aerial
Key: Stock Island
Mile Marker: 5
Proposal: Change Land Use District from Urban Residential Mobile Home
District (URM) to Mixed Use Distrct (MU).
Property Description: RE 00124350.000000, 00124430.000000,
00124460.000000, 00124470.000000, and 00124530.000000 1 150 1
Feet
Map Amendment: M25069 Land Use District Map #: 476
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
August 8, 2005
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekley
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 70041160 000719749941
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 018-2005 approving the request of
R & S of Key West, Inc. for a land use designation amendment form Urban Residential Mobile
Home (URM) to Mixed Use (MU) for the property known as the Gomez Trailer Park, Maloney
Subdivision, PB 1-55, lots 1, 2, 3, 9, 112, 13-16, 19, 20, Section 35, Township 67, Range 25,
Stock Island, Florida, having real estate numbers: 00124350.000000, 00124430.000000,
00124460.000000, 00124470.000000, and 00124530.000000 at approximate mile marker 5;
providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the
Monroe County Code of Ordinances; and providing for an effective date,
This Ordinance was adopted at a regular meeting held in formal session on July 20, 2005.
Should you have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Com
by:
Monroe County Clerk's Office
Ordinance No. 018-2005
cc: Growth Management
County Attorney
BOCC
File
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
August 16, 2005
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Honorable Danny L. Kolhage z � o I=
Clerk of Circuit Court c� �. o
Monroe County n• ' r\) -n
500 Whitehead Street, Suite 101 c r XI
Key West, Florida 33040 �c�rr- ,o
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Attention: Pamela G. Hancock, Deputy Clerk s m
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Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated August 8, 2005 and certified copy of Monroe County Ordinance
No. 018-2005 and corrected copy of Ordinance No. 015-2005, which were filed in this office on
August 11, 2005.
Sincerely,
6p.\41:75... eicitic(Q
Liz Cloud
Program Administrator
LC/kcs
STATE LIBRARY OF FLORIDA
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