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.
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Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
ANNY KOLHAGE, CLERK
DEPUtY CLERK
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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
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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
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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
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BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
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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
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C3 Restricted ID�hvery Fee
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—Name (Pleas' Print Clearly) (to l: e completed by mailer)
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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
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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
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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)
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