Loading...
Ordinance 048-2001ORDINANCE NO. 048 -2001 A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RECOMMENDING APPROVAL OF THE REQUEST BY KEY WEST BREWERY TO AMEND THE FUTURE LAND USE MAP FROM MIXED USE/COMMERCIAL (MC) TO INDUSTRIAL (I) FOR PROPERTY DESCRIBED AS 99 CALLE UNO, PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, AT APPROXIMATELY MILE MARKER 9.5. WHEREAS, The Monroe County Board of County Commissioners, during their regular meeting held on March 21, 2001, conducted a review and consideration of a request filed by the applicant to amend the Future Land Use Map from Mixed Use/Commercial (MC) to Industrial (I) for property located at 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida with a real estate number of 00122000.000000. WHEREAS, the Development Review Committee, Planning Commission and staff report all recommend approval of this future land use map amendment from MC to I as indicated in Resolutions DO 1-01 and PO4-01; and WHEREAS, the Planning Commission held a public hearing on February 7, 2001 and recommends approval of the request; and WHEREAS, the Board of County Commissioners made the following Findings of Fact: 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. This map amendment recognizes the need for additional comprehensiveness. 2. Section 9.5-511 of the Monroe County Land Development Regulations also prohibits a change which negatively impacts community character. 3. Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan requires that the County regulate future development to maintain the character of the community. 4. The subject property contains the Key West Brewery on East Rockland Key, adjacent to U.S. 1, and proximate to a variety of industrial, commercial, residential and other uses. 5. The pre-1986 zoning of the subject property was BU-2T, a primarily industrial zone. File #M00151 Pagel of 3 Initials Key West Brewery FLUM 6. The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject property Mixed Use/Commercial (MC). 7. On December 16, 1999, Minor Conditional Use approval was granted for the redevelopment of a beer distributorship to a micro -brewery. 8. On February 28, 1986, the zoning of the subject property was changed to Sub Urban Commercial (SC) from BU-2T. The remainder of the parcel was changed to Industrial (I). This resulted in the creation of a split -zoning situation where one historically single parcel was divided into two (2) different zoning districts. There is no apparent rationale for the split - zoning and it may have been done as a result of an error. Consequently, though, the FLUM designations were made based on the 1986 zoning classifications. 9. The subject property is bordered by the following Future Land Use Map designations: To the north by Residential Medium (RM), to the west by Industrial (I), to the east by Mixed Use/Commercial (MC), and to the south, across U.S. 1, by Military (M). 10. Historically, the subject property has been industrial in use. The current use of the property is industrial. The projected future use of the property is either industrial or can be accommodated under an industrial designation. WHEREAS, the Board of County Commissioners made the following Conclusions of Law: 1. This amendment meets the criteria outlined in Section 9.5-511 (d)(5)b.(iii) and the requirements of Section 9.5-220 and will not negatively impact or alter the character of the subject property or the surrounding area. 2. No rationale is apparent for the split -zoning situation and an error may have occurred. Since the pre-1986 zoning designation, BU-2T, was primarily an industrial zone, the subsequent FLUM classification should have been Industrial (I). 3. The proposed FLUM is appropriate. The current FLUM designation of Mixed Use/Commercial (MC) is not consistent with the historical, existing or proposed future use of the property; NOW 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. Section 2. The described property, which is currently designated Mixed Use/Commercial shall be designated Industrial as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. File #M00151 Page 2 of 3 Initials Key West Brewery FLUM Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 7. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th of December 2001. 0 O J WUj C, a tL 4` C •Li Q W -7 .-� � i1. ;a v 4. �, p Q „y. -� Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams ANNY KOLHAGE, CLERK DEPUtY CLERK yes yes absent yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE C NTY, FLORIDA BY V� Mayor Charl s "Sonny" McCoy VED OF1M AND GA ,-^, IEN Y BY Attorney's Office File #M00151 Page 1 of 2 Initials Key West Brewery FLUM W�.�w 3�:..f ?„ _., � ,�ya,� ��qµ•,�. �..-y— '1F .,.. }, F.yF';�-c� �P..li".�'Y4?"" ` 'x L LL.. �)�m�bJ..V -{" ,r' 'S. T.L'SL"'L_....? Y "u:+"�rS..L LC v3Y.5�• "=SYA'.4A.ik"`6`•' �`x'"'wth'fi��ri+a ireT..ca .at'�„,,.7`-'"^t' z C°KLAN I TK E Y A N V E CI TO E A S T, 9 R0CKLAND S 2v � fi r DR O P r e .. KEY 1. EL Y � , �,jC W Y Proposed Land Use District Map Amendment: Street Map Key: East Rockland Key Mile Marker. Approximate Mile Marker 9.5 Proposal: Key West Brewery, Inc.is requesting a land Use District Map amendment from Suburban Commercial (SC) to industrial (1) and a Future Land Use Map amendment form Mixed Use/ Commercial MC to Industrial I Property description: Part of Gov. Lot 5, Sec 21, Twp 67 S, Rge 26 E., Rockland Key, Monroe County, Florida Land Use District Map #: 554 Map Amendment #: 00151 C The Monroe County Year 2010 Comprehensive Plan Future Land Use Map is proposed to be amended as indicated above and briefly described as: Change MC to I Pursuant to Effective Date: Director of Planning and Environmental Resources Amendment #: 00151 Date Map # :8 h BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 ��ouNr� c e4J.'��vy cuip'4f �G! a� s CLERK OF THE CIRCUIT COURT MONROE COUNTY MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Dear Mrs. Cloud, January 17, 2002 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Via Certified Mail 7099 3400 0005 9118 4332 Enclosed please find certified copies of the following Ordinances: Ordinance No. 044-2001 approving the request by Hugh J. Morgan to amend the Future Land Use Map from residential conservation (RC) to residential high (RH) for properties described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch Key, located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at approximately mile marker 98.5. Ordinance No. 045-2001 approving the request by Hugh J. Morgan to amend the Land Use District (Zoning) Map from native (NA) to urban residential - mobile home (URM) for properties described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch Key, located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at approximately mile marker 98.5. Ordinance 046-2001 approving a request by John J. and J. Leslie Brier to amend the Future Land Use Map from residential medium (RM) to residential high (RH) for the properties described as Lots 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 and 18 Block 27 Sands Subdivision, Big Pine Key, located in Section 25, Township 66S, Range 29E, at approximately mile marker 31. Ordinance No. 044-2001 to 054-2001 January 17, 2002 Ordinance No. 047-2001 recommending approval of the request by Key West Brewery to amend the Land Use District (Zoning) Map from sub urban commercial (SC) to industrial (I) for property described as 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, at approximately mile marker 9.5. Ordinance No. 048-2001 recommending approval of the request by Key West Brewery to amend the Future Land Use Map from mixed use/commercial (MC) to industrial (I) for property described as 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, at approximately mile marker 9.5. Ordinance No. 049-2001 approving the request by James Dougherty, Jr. to amend the Future Land Use Map from residential conservation (RC) and residential medium (RM) to residential medium (RM) for the upland portions of the properties described as Lots 43, 44, 45, and 46, Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range 39E, at approximately mile marker 98.5. Ordinance No. 050-2001 approving the request by James Dougherty, Jr. to amend the Land Use District (Zoning) Map from native area (NA) and improved subdivision (IS) to improved subdivision (IS) for the upland portions of properties described as Lots 43, 44, 45, and 46, Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range 39E, at approximately mile marker 98.5. Ordinance No. 051-2001 approving the request by Leonard Lovallo to amend the Future Land Use Map from recreation (R) to residential medium (RM) for property described as part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo, located in Section 13, Township 59 South, Range 40 East, located within the Ocean Reef Club at the northern terminus of County Highway 905. Ordinance No. 052-2001 approving the request by Leonard Lovallo to amend the Land Use District (Zoning) Map from park and refuge (PR) to improved subdivision (IS) for property described as part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo, located within the Ocean Reef Club at the northern terminus of County Highway 905. Ordinance No. 053-2001 approving a request of the Monroe County Planning Department to amend the Monroe County Year 2010 Comprehensive Plan by amending Policy 101.3.4 which exempts public facilities from the requirements of the Permit Allocation System. Ordinance No. 054-2001 to amend the Monroe County Year 2010 Comprehensive Plan to include a cultural resources element. Ordinance No. 044-2001 to 054-2001 January 17, 2002 These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on December 20, 2001. Please file for record. Should you have any questions please feel free to contact me at (305) 292-3550. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissi ners by: �--� Pamela G. H cock, Deputy Clerk Cc: County Administrator w/o documents Growth Management County Attorney BOCC File ru r', m-.- 7Mrs. Liz Cloud (Ord. 044-054-2001) P,si, ge > Er C ee C\1 st ark LrI Return � ereipt Fee 'b He e C3 (Endorsemer Required) C3 Restricted ID�hvery Fee E3 (Endorsemen Required) C3 C3 Total Posta:je & Fees $ —Name (Pleas' Print Clearly) (to l: e completed by mailer) M 'r-Bureau of AdmfnIstxq-tJve__Code--------------------- -- ------ --- -'Ifid"66111fAxtuilding M --- Srre --- L4-3 ---------------------- DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary 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 MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS January 24, 2002 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, 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 Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 17, 2002 and certified copies of Monroe County Ordinance Nos. 044-2001 through 054-2001, which were filed in this office on January 23, 2002. Sincerely, Liz Cloud, Chief Bureau of Administrative Code LC/mp C-1 ti r rn C ~-t ;Q hr sa ? �'b- r C.) • i rn c7 A m Q G3 C=) BUREAU OF ADMINISTRATIVE CODE The Collins Building • 107 West Gaines Street • Tallahassee, Florida 32399-0250 • (850) 245-6270 FAX: (850) 245-6282 • WWW Address: http://www.dos.state.fl.us 9 E-Mail: election@ mail. dos. statefl. us ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mrs. Liz Cloud Bureau of Administrative Code The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 (Ord. 044 to 054-2001) 2. 1 7 PS A. Received by Please Print Clearly) I B. Date of Delivery C. SignaturbE F°� lMl ART eM T OF�'; T X ❑ Addressee address "different from item 1? Yes D. Is delivery ❑ No If YES, enter delivery address below: 3. Service Type Tess Mail X=ertified Mail ❑ Exp ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery. Extra Fee) ❑Yes 102595-00-M-0952