Ordinance 009-2002
ORDINANCE NO. 009-2002
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONONERS DENYING THE REQUEST
BY PBP MARINA INC. TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM SP ARSEL Y SETTLED
RESIDENTIAL DISTRICT (SS) TO RECREATIONAL
VEHICLE (RV) FOR THE PROPERTY DESCRIBED AS
BOCA CHICA PART GOVERNMENT LOT 6, SECTION 26,
TOWNSHIP 67 SOUTH, AND RANGE 26 EAST, ALSO
KNOWN AS GEIGER KEY MARINA AND RV PARK ON
GEIGER KEY, MONROE COUNTY, FLORIDA, AT
APPROXIMATEL Y MILE MARKER 10.7.
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on April 17, 2002, conducted a review and consideration of the request filed by PBP
Marina, Inc. to amend the zoning map from Sparsely Settled Residential District (SS) to
Recreational Vehicle (RV) land use district for the Geiger Key Marina. The subject property is
located at 5 Geiger Road, in Section 26, Township 67 South, and Range 26 East, Monroe County,
Florida. The Real Estate identification number is 00122160.000000; and
WHEREAS, at its December 6, 2001 meeting in Marathon, the Development Review
Committee reviewed the application and recommended approval of the rezoning as indicated in the
Resolution D27-01; 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 January 9,
2002. Based on the facts presented at the meeting, the Planning Commission recommended denial
of the rezoning as indicated in the Resolution P02-02; and
WHEREAS, after further review of the application and consideration of facts, the staff
recommended denial as indicated in the Staff Report dated March 18, 2002; and
WHERAS, 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 Code (MCC) 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)]. 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.
Geiger Key Marina BOCC Ordinance.040102 Page 1 of 5
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3. Pre-1986 zoning of the subject property was Mobile Home Residential District (RU-5P). The
purpose of RU-5P zone was a district for mobile homes in approved parks where the lots were
not individually owned, but occupied as single family dwellings.
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
property was changed to Sparsely Settled Residential District (SS).
5. Section 9.5-209 ofMCC states that the purpose of the Sparsely Settled Residential District is to
establish areas of low-density residential development where the predominant character is
native or open space lands. RV parks are non-conforming uses in this land use district.
6. The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan
(Comp Plan) shows that areas around the Geiger Key Marina that were zoned SS, received a
FLUM designation of Residential Low (RL), consistent with their zoning district. Geiger Key
Marina has a Mixed Use/Commercial (MC) FLUM designation.
7. Based on Policy 101.4.5 of the Comp 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 requested
Recreational Vehicle (RV) land use designation, but not with the Sparsely Settled Residential
District (SS).
9. Section 9.5-215 of MCC states that the purpose of the Recreational Vehicle (RV) land use
district is to establish areas suitable for the development of destination resorts or recreational
vehicles. This district contemplates developments that provide on-site recreational, commercial,
and resort facilities.
10. Based on the documented evidences and the site plan submitted by the applicant, there are 36
RV spaces on this property as of November 15,2001.
11. Objective 101.11 of the Comp 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 development.
12. The 2001 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.
13. Goal 1 02 of the Comp 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. The proposed map amendment proposes no additional
Geiger Key Marina BOCC Ordinance.040102 Page 2 of 5
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density or intensity on the site and no expansion of the development into the environmentally
sensitive lands.
14. The site is located under the flight path of the nearby Boca Chica Naval Air Station. Based on
Section 9.5-252(C)(3)h, privately owned properties adjacent to the Naval Air Station, Boca
Chica, also known as NAS Key West, shall be developed in accordance with the map prepared
by the U.S. Navy known as Figure A or as updated by the U.S. Navy. This map was prepared in
conjunction with the United States Navy's Air Installation Compatible Use Zone Study
(AICUZ). Geiger Key Marina is within the C2 zone ofthe adopted map. Based on Section 9.5-
252(C)(3)h(iii)4, the C2 zone represents accident potentials and modest noise from the airplane
flying in and out of the Naval Air Station (NAS). Under the AICUZ C2 zone, Geiger Key
Marina shall not be permitted to be developed or redeveloped for new residential (transient or
permanent), commercial (resort related), institutional (educational, medical related), and
recreational (sports arena, concert hall) uses.
15. Based on a letter in opposition to the zoning change dated December 14, 2001 from the
Commander of the Naval Air Facility in Key West, rezoning the Geiger Key Marina to RV will
create a potential for upgrading to hotel or resort. This potential according to the letter, is
considered "New Development" and not in keeping with the County Land Development
Regulations.
16. 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.
17. Based on Chapters 163.3201 and 163.3201 of the Florida Statutes, Land Development
Regulations shall be in compliance with and implement the adopted local Comprehensive Plan.
18. Based on Chapter 163.3213 2 (b) "Land Development Regulation" means an ordinance
enacted by a local governing body for the regulation of any aspect of development, including a
subdivision, building construction, landscaping, tree protection, or sign regulation or any other
regulation concerning the development of land. This term shall include a general zoning code,
but shall not include a zoning map, an action which results in zoning or rezoning of
land. ...
19. Based on Chapter 163.3177(6)(a) ofthe Florida Statutes, Future Land Use Map illustrate the
proposed distribution, location, and extent of various categories of land use in a future land use
plan. The future land use plan is just one of the several elements of comprehensive plan. It
designates proposed future general distribution, location, and extent of the uses of land for
different type of uses.
20. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
21. The community character of the neighborhood is low density residential. Geiger Key Marina is
the only mixed use/commercial facility in and around the neighborhood; and
Geiger Key Marina BOCC Ordinance. 040 1 02 Page 3 of 5
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WHEREAS, the Board of County Commissioners made the following Conclusions of
Law:
1. The Future Land Use Map is just one of the elements of the Year 2010 Comprehensive Plan
which shows only the proposed future general distribution, location, and extent of the uses of
land for different type of uses.
2. Rezoning of a property on the basis of corresponding with the Future Land Use Map of the
Comprehensive Plan is not warranted.
3. The Monroe County Planning Commission determination of granting a development permit
(including rezoning) is based on the consistency of the proposal with applicable Land
Development Regulations and the overall intent of the Comp Plan.
4. The applicant has not sufficiently proven that the requested map amendment would be
consistent with the overall intent of the Year 2010 Comprehensive Plan.
5. The proposed map amendment does not meet the requirements outlined in Section 9.5-511 of
the Land Development Regulations and will negatively impact and alter the character of the
surrounding community.
6. The site is located in the C2 zone of the adopted AICUZ map which represents accident
potentials and modest noise from the air traffic of the Naval Air Station in Boca Chica.
Therefore, granting the requested rezoning could "potentially" put public's health and safety at
risk. NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT
Sectionl. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described property, shall not be rezoned to Recreational Vehicle District
(RV) and maintain its current zoning designation of Sparsely Settled (SS) as shown on the attached
map, which is hereby incorporated by reference and attached as Exhibit 1.
Section3. The Board directs the staff to correct the Future Land Use Map to correspond with the
existing land use district designation of the property.
Section 4. 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.
Geiger Key Marina BOCC Ordinance. 040 1 02 Page 4 of 5
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting held on the 17th day of April , A.D., 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
yes
Y8€
yep,
yes
not present
BOARD OF COUNTY COMMISSIONERS
OF MONROE UNTY, FLORIDA
BY
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Geiger Key Marina BOCC Ordinance.0401021.doc
Initials
Page 5 of5
. .
Proposed Land Use District Map Key: Geiger Key
Amendment: Street Map Mile Marker: 10.7:t:
Proposal: Change land Use Disbict from Sparsely SetUed to Reaeational Vehicle
Property description: Boca Chica Part Government Lot 6 in Sec. 26. ,Twp. 67 S. Rge. 26 E. Monroe
County, Florida
Land Use Disbict Map #: 540 Map Amendment # 01-
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Site
The Monroe County land Use Map is proposed to be N
amended as indicated above and briefly described as:
Chanae Land Use District from SoarseIv Settled to Recreational Vehicle for Boca Chica Part
Government Lot 6 in Sec. 26. . Two. 67 S. Rae. 26 E. RE # 122170 . Monroe County. Florida. at
aooroximate mile marker 10.7
Date:
Amendment #:
01-
Sheet #:
540
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
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
May 7, 2002
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 70993400000591186046
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 009-2002 denying the request by PBP Marina Inc. to amend the Land Use
District (Zoning) Map from Sparsely Settled Residential District (SS) to Recreational Vehicle
(RV) for the property described as Boca Chica Part Government Lot 6, Section 26, Township 67
South, and Range 26 East, also known as Geiger Key Marina and RV Park on Geiger Key,
Monroe County, Florida, at approximately mile marker 10.7.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on April 17, 2002. 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 Co Commi
by:
Cc:
County Administrator wlo document
County Attorney
File ./
Growth Management
HaCC
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RINGLING MUSEUM OF ART
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
May 10, 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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated May 7, 2002 and certified copy of Monroe County
Ordinance No. 009-2002, which was filed in this office on May 10, 2002.
Sincerely,
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[ US. Postal Service
CERTIFIED MAIL RECEIPT Liz Cloud, Chief
(domestic Mail Only;No-Insurance Coverage Provided) Bureau of Administrative Code
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