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Ordinance 007-2001 ORDINANCE NO. 007 -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST BY CLINTON MILLER TO AMEND THE FUTURE LAND USE MAP FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM) FOR PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT BAY BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62, RANGE 38, AT APPROXIMATELY MILE MARKER 94.5. .3: 0 ""Ti Cl -- r- -;- :x ::0 C"') :?S :x:. f"'1 Or...:. ::0 a f1'1 ::z: -< C"') . r" I ." Oe;. ...... <:) ~?J ~'; ;;-,;J ::t>> ::0 ---!(jF :x ;:<.: .::c M "TI > '!1 ("') r- ,- e I~ m ;:0 \0 0 WHEREAS, the Development Review Committee, The Monroe County Planning Commission and staff support and recommend approval of this Future Land Use Map (FLUM) amendment from MC to RM as indicated in resolutions D-O 1-00 and P-17-00; and WHEREAS, the Planning Commission held a public hearing on February 23, 2000 and recommends the approval of the requested FLUM amendment; and WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on May 17, 2000, directed the Planning Department to transmit a draft of the FLUM amendment to the Florida Department of Community Affairs for comment and advise: and WHEREAS, the Florida Department of Community Mfairs responded on November 15, 2000 approving the draft amendment as submitted; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 2. 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. 3. This map amendment has been initiated by the property owner in recognition of a need for additional detail or comprehensiveness. The applicants' agent, Gay Marie Smith, listed the following reasons for requesting a rezoning of the subject properties: 1. These properties in the past have been granted a building permit for a single-family residence. BOCC Ordinance to Amend FLUM File M#99143 Initials Page I of5 11. The construction of the residence was started but upon completing a portion of the structure, the owner allowed the permit to elapse 111. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS) and has a single family home on it. Lot 7 to the northeast of the subject properties has had a map amendment change and is now also zoned IS. IV. The subject properties are located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. 4. The Planning Department's review of this map amendment indicates that the first three additional detail items (i., ii., and iii.) raised by the applicants' agent are not entirely accurate. There are no active permits on file with the Monroe County Building Department, or any record of a ROGO application having been made to construct the foundation. Lot 4 to the southwest of the subject properties is actually zoned Suburban Commercial (SC), not Improved Subdivision (IS). However, The subject properties ARE located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. 5. The subject properties currently have the Future Land Use category Mixed Use Commercial (MC) which provides for the establishment of commercial zoning districts where various types of commercial retail and office uses may be permitted. 6. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use category Mixed Use Commercial (MC) was applied to the subject properties, following the existing zoning. Seaview Boulevard, which bisects Seaside Avenue (the street on to which the subject properties front), serves as the zoning district boundary between Suburban Commercial (SC) zoning to the south and Improved Subdivision (IS) zoning to the north. There have been several boundary changes and re-zonings in the vicinity of the subject properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings between 1986 and 1988 to identify errors brought forward by property owners. As a result of these hearings, one boundary change was approved by the Board of County Commissioners in June 1988. This change pertains to Lot 7, adjacent to Lot 6 of the subject properties, whereby the boundaries were amended to remove the property from the Surburban Commercial (SC) zoning district and include it in the Improved Subdivision (IS) zoning district. A second interpretation was made in December 1988, by Assistant County Administrator for the Growth Management Division, which resulted in a determination that a mapping error led to a small portion of Seaside and Seaside Re-subdivision to the east of Ocean View Boulevard being incorrectly zoned Improved Subdivison (IS). These properties were included in the Suburban Commercial (SC) zoning district in September 1991. 7. Policy 101.4.4 states that the purpose of the Residential Medium (RM) land use category is to recognize those portions of subdivisions that were lawfully established and improved prior to BOCC Ordinance to Amend FLUM File M#99143 Page 2 of 5 Initials the adoption of this plan and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have an approved potable water supply, and have sufficient uplands to accommodate the residential uses. Development on vacant land within this land use category shall be limited to one residential dwelling unit for each such platted lot or parcel which existed at the time of plan adoption. 8. Though FLUMed Mixed Use Commercial (MC), the Seaside Re-Subdivision is primarily a residential neighborhood, with approximately 50% of the lots developed and the remaining 50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina is located three properties to the northwest of the subject properties, with a buffer of two vacant lots between the restaurant and the residence on the property adjacent to the subject properties. Several vacant lots across the road from the restaurant provide parking for Snappers patrons. The remainder of the street is residential. 9. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the subject properties. 10. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 11. The subject properties are already fully built out but for three properties. Changing the Future Land Use Map will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. 12. 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. 13. The 1998 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. 14. Goal 102 of the 2010 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. 15. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated. WHEREAS, the Board of County Commissioners makes the following Conclusions of Law: 1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively BOCC Ordinance to Amend FLUM File M#99143 Page 3 of 5 Initials impact or alter the character of the subject properties or of the Anglers Park North neighborhood. 2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into conformance. 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 4. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, will facilitate infill in an already developed neighborhood, will enable redevelopment of existing apartment buildings that were constructed in the 1970's and will enable more expeditious reconstruction in the event of destruction of the buildings, by facilitating easier access to building permits. 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 previously described property, which is currently Mixed Use/Commercial shall be designated as Residential Medium (RM) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. 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 of this ordinance 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 Chapters 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 notice is issued by the Florida Department of Community Affairs or Administration Commission approving the amendment pursuant to Chapter 380, Florida Statutes. BOCC Ordinance to Amend FLUM File M#99 143 Page 4 of5 Initials PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 22nd day of February, 2001. Mayor George Neugent Mayor Pro Tem Nora Williams Commissioner Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner Dixie Spehar ~ ~ yes - yes ~ LOF COUNTY COMMISSIONERS OFMONROEco~omDA ~~RMA .----(f'-cJ BY: ANNY L. KOLHAGE IS " '~2d day of J~ a~ , 2001. BOCC Ordinance to Amend FLUM File M#99143 Page 5 of5 Initials ~igeOn Key ~.....,.,; ~ Dove Key Long Point n t N Key: Largo MM: 95 Property Description: Lots 5 and 6 and Adjacent Bay Bottom. Block 5. Re-Sub Seaside 1 "=2000' I Applicant Name: Map #: 2 Clinton E. Miller File Number : M99143 Ilannp lL. l\olbage BRANCH OFFICE 3117 OVERSEAS lllGHWAY MARATIiON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 March 7, 2001 . ~, BRANCH OFFICE 88820 OVERSEAS lllGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Elliott Building 401 S Monroe Street Tallahassee FL 32399-0250 ~. Via Certified Mail 7099 3400000591187241 Dear Mrs. Cloud, Enclosed please find certified copies of the following: Ordinance No. 006-2001 approving the request filed by the Planning Department to amend the Affordable Housing Criteria in Monroe County Land Development Regulations Sections 122.3.(6), 9.5-266 (a)(3), 9.5-266 (a)(4), and 9.5-266 (a)(4) a.; deletion of Sections 9.5-266 (a)(4) b., 9.5-266 (a)(4) d., 9.5-266 (a)(4) g., and 9.5-266 (a)(4) h.; renumbering of and amendment to Sections 9.5-266 (a)(4) e., 9.5-266 (a)(4) d.; and creation of new sections 9.5-266 (a)(4) b., 9.5-266 (a)(5), and 9.5-266 (a)(6) to expand the eligibility for qualifying for Affordable Housing ROGO Allocations to include very-low to median income households who do not meet the requirement of at least seventy percent (70%) of their annual household earnings from employment in Monroe County. Ordinance No. 007-2001 approving a request by Clinton Miller to amend the Future Land Use Map from mixed use commercial (MC) to residential medium (RM) for properties described as Lots 5 & 6 and adjacent bay bottom, re-sub Seaside Subdivision, Key Largo, located in Section 14, Township 62, Range 38, at approximately mile marker 94.5. Ordinance No. 008-2001 approving the request by Clinton Miller to amend the Land Use District (Zoning) Map from suburban commercial (SC) to improved subdivision (IS) for properties described as Lots 5 & 6 and adjacent bay bottom, re-sub Seaside Subdivision, Key Largo, located in Section 14, Township 62, Range 38, at approximately mile marker 94.5. March 7, 2001 Page 2 Ordinance No. 006-2001 through Ordinance No. 011-2001 Ordinance No. 009-2001 approving the request to amend the Future Land Use Map from mixed use commercial (MC) to residential medium (RM) for 21 properties in Blocks 1 & 2 of Seaside Subdivision Addition 1 and Block 3 of Seaside Subdivision, Key Largo, located in Section 14, Township 62 South, Range 38 East, at miler marker 95. Ordinance No. 010-2001 approving the request by Monroe County to amend the Land Use District (Zoning) Map from recreational vehicle district (RV) to improved subdivision district (IS) for 21 properties in Blocks 1 & 2 of Seaside Subdivision Addition 1 and Block 3 of Seaside Subdivision, Key Largo, located in Section 14, Township 62 South, Range 38 East, at mile marker 95. Ordinance No. 011-2001 adopting an amendment to the Monroe County Year 2010 Comprehensive Plan adding Objective 101.20 and Policy 101.20.1 consisting of a Livable Communikeys Element including principles for the development of local communities plans. 'It~ These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on February 22,2001. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners Cc: Board of County Commissioners County Administrator w/o documents Growth Management County Attorney File ,/ U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ..-"I .::r ru f'- t:O ..-"I ..-"I lr Certified Fee <. '''{i.'~i~lJ:J ;. )?:/ Postrn'ar('< . ..' I "-'. Here \(j-; ~ ( it4R..? )<f+-.2..1.\ \ ~ OJ ~\., // CJ CJ .::r IT1 Name (Please Pri l') _ v ~ ___Bureall_ot Admjnistrativ_e_C.o.d s__and_Law.s_________ g: Street, Apt. 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'" '" CD CD 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 Di vision of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET HISTORIC PRESERVATION BOARDS Historic Aorida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic TampalHillsborough County Preservation Board RINGLING MUSEUM OF ART FLORIDA DEPARrMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS March 19,2001 ~ a t:'j :;;e );;:,. .::o('")~ C')r-;;;C f"Y1 ~-.;: ('? -" Cl ("j ; S;;;O~ _.-~.c'b :<or- ~ .. <:J: "T'l .Po r- r:: ,I> f1, Q - ..,., .......; r- Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 ~ ~ ro w :r:- :r: C5 "'-T ~. en f"l'1 cj ""11 o ::.0 ::0 ,.." C'") <::> :::0 t::1 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 March 7, 2001 and certified copies of Monroe County Ordinance Nos. 006-2001 through 011-2001, which were filed in this office on March 16,2001. Sincerely, A.K h~ Liz Cloud, Chief Bureau of Administrative Code LC/mp BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Momoe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.f1.us . E-Mail: election@maiLdos.state.jl.us