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Item D03BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 17, 2000 Bulk Item: Yes No X Division: Growth Management Department: Planning_ AGENDA ITEM WORDING: Second of two public hearings to consider a Future Land Use Map amendment proposed by the Monroe County Planning Department changing the future land use designation from Residential Medium (RM) to Mixed Use/Commercial (MC) for property described as Lots 521, 522, and 523-534, Port Largo Fifth Addition, Key Largo Section 33, Township 61 South, Range 39 East; with the following RE Numbers: 00453475-013700, 00453475-013800, and 00453475- 014100. ITEM BACKGROUND: The first public hearing, or "transmittal" hearing was held on August 11, 1999, where the BOCC recommended approval of the Future Land Use Map (FLUM) amendment request. The Planning Department transmitted a draft FLUM ordinance to the Department of Community Affairs (DCA) for its consideration. The DCA has reviewed the proposed Future Land Use Map amendment and has no objections to the proposed amendment as transmitted. PREVIOUS RELEVANT BOARD ACTION: The BOCC approved a resolution authorizing the Planning Department to transmit a draft ordinance that would amend the Future Land Use Map to the DCA for review. STAFF RECOMMENDATION: Approval TOTAL COST: None BUDGETED: Yes N/A No COST TO COUNTY: None APPROVED BY: County Attorney _X_ OMB/Purchasing _N/A_ Risk Management N/A_ DEPARTMENT DIRECTOR APPROVAL: X1. K. Marlene Conaw �Rlannin2 Direclol DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To follow DISPOSITION: Agenda item page Timothy Director c Not required Agenda Item #: 2V ID3 MARINA DEL MAR/OCEAN DIVERS FUTURE LAND USE MAP AMENDMENT BOARD OF COUNTY COMMISSIONERS KEY LARGO LIBRARY FEBRUARY 17, 2000 M#99135 PROPOSED FLUM AMENDMENT RESIDENTIAL MEDIUM (RM) TO MIXED USE/COMMERCIAL (MC) This amendment has been requested by the Monroe County Planning Department. The subject properties are described as Lots 521, 522, and 523- 534, Port Largo Fifth Addition, Key Largo Section 33, Township 61 South, Range 39 East; with the following RE Numbers: 00453475-013700, 00453475-013800, and 00453475-014100. FLUM RECOMMENDATIONS Staff: Approval April 15, 1999 Staff Report DRC: Approval April 22, 1999 Resolution #D08-99 PC: Approval May 19, 1999 Resolution #P36-99 BOCC: Approval August 11, 1999 Resolution #382-99 M#99135 trr } _ ,KEY / LARGO, TARPON e" �vCAP4 If,_ n 1 " ars ' o, -pERICq D Cq�yU?DpORY-� mohcpNE i �R°<<v Nq �NE�I;, a WALDORF : "ooeor+- C� �'�<• J VE aL'C- � C �f4t I HgggpR C f �i11<pQRMARI.\q R�` f, y < Q 4 . + c� �ttgepRf��� � g o�• Rg€gY s 4 'o`s 4 a�� \ � s♦ 1 1) T - 4 7 J + F+fJ \ '�a \ y) 1 Aq[ES KEY LARGO �C� +� ►� �� • ��'r °'� e"�a •y ��� .` ►a $ �� P" of ■° }`�4 • ►ow "v tw�� `tl"`"� s rwt*f" OR LARGO HOU�"� �f SE7 0 HARBOR f� �/Ag4rS? 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THOU" AV1 Q 1 ♦ ♦�+♦ ♦♦ ♦♦ S� ♦♦ M M M M M M M M •r M M a s1 a a NO I-l mien, MI W M CAMOOL \\\ ♦ ♦ W M M, M M M M M M ♦, .� i M M M M M ♦ /----------------- ATLANIM ROYLAWAM I I wi«i«I« i «I«IsJA�•Irinlwr I wlwj r CANAL �..S.P�1 N Land Use District Map Key: Key Largo MM: 99.7 Proposal:None, to remain the same Property Description:Lots 521 -534, Port Largo Subdivision 5th Addition, Sec. 33, Twn. 61S, Rge. 39E. 1"=400' Map # : 133 & 134 File Number :M99135 ' RC � R�, _ RC 1 C ' RL RN { RC C / RC j RL t' MC L % } RL RW/ k R11 r Pailt Pleasant YC INS Pf pe Newport N 1 "=2000' Future Land Use Map Key: Key Largo MM: 99.7 Proposal: From RM to MC Property Description: Lots 521 -534, ~Port Largo Subdivision 5th Addition, Sec. 33, Twn. 61S, Rge. 39E. Applicant: Planning Dept./Mar arl n,• Map # : 2 File Number : M99135 - 3 p ¢ �+Y•.r� _�� - � 'sue _-. �c�, � (, e F � AID qE _ q;q Ac-co* cav,( m9q 3S ORDINANCE #. -2000 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY THE PLANNING DEPARTMENT TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE -COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS LOTS 521, 522, AND 523-534, PORT LARGO FIFTH ADDITION, KEY LARGO SECTION 33, TOWNSHIP 61 SOUTH, RANGE 39 EAST; WITH THE FOLLOWING RE NUMBERS: 00453475-013700, 00453475-013800, AND 00453475- 014100. WHEREAS, the Board of County Commissioners, on April 15, 1993, adopted the Monroe County Year 2010 Comprehensive Plan, and therefore, designated the above - described property as Residential Medium (RM) on the Future Land Use Map (FLUM); and WHEREAS, the Board of County Commissioners, during a regular meeting held on August 11, 1999, conducted a review and consideration of a request for a Future Land Use Map amendment to the Monroe County Year 2010 Comprehensive Plan filed by the Planning Department to change the future land use designation from Residential Medium (RM) to Mixed Use/Commercial (MC) for the above -described properties; and WHEREAS, the Planning and Environmental Resources Departments as well as the Development Review Committee and Planning Commission have recommended approval of the request; and WHEREAS, the DCA reviewed the proposed amendment and does not mention the amendment in its Objections, Recommendations and Comments Report (ORC); and WHEREAS, the lack of comments or objections in the DCA's ORC report constitutes conceptual approval of the amendment; and WHEREAS, the Planning Department continues to recommend approval of the amendment; and WHEREAS, the Board of County Commissioners considers the data and analysis provided to the agency to be sufficient to warrant the proposed amendment and therefore, makes no substantive revisions to the staff report or ordinance; and FLUM Ordinance #M99135 page I of 3 Initials WHEREAS, on February 17, 2000, the Board of County Commissioners, after due notice and public participation in the public hearing process, conducted a public "adoption hearing" to consider adopting the proposed amendment; and WHEREAS, the Board of County Commissioners has made the following Findings of Fact: 1. The subject properties are zoned Urban Commercial (UC), and are found in a business/tourism area adjacent to a large canal in Key Largo. 2. During preparation of the Future Land Use Map associated with the Year 2010 Comprehensive Plan process, a scrivener's error incorrectly designated the future land use of these properties as Residential Medium (RM). 3. The RM designation is inconsistent with the properties' zoning designation of Urban Commercial (UC). 4. The Planning Department is now sponsoring this Future Land Use Map amendment to correct the future land use designation for these three properties from RM (Residential Medium) to MC (Mixed Use/Commercial) so as to be consistent with its UC (Urban Commercial) zoning designation. 5. The proposed Future Land Use Map amendment will have no effects on development potential, compatibility with surrounding areas, natural resources, public facilities, or redevelopment or infill potential. 6. The proposed Future Land Use Map amendment is proposed to make the Future Land Use Map consistent with the current land use or zoning map. WHEREAS, the Board of County Commissioners has made the following Conclusions of Law: 1. The proposal is simply to correct a situation which occurred based upon a scrivener's error in the preparation of the Future Land Use Maps. 2. The proposed Future Land Use Map designation amendment is proposed to make the Future Land Use Map consistent with the current land use or zoning map. 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. FLUM Ordinance #M99135 page 2 of 3 Initials Section 2. The previously described property, which is currently Residential Medium (RM), shall be designated as Mixed Use/Commercial (MC) 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 state land planning agency for approval or disapproval pursuant to Section 380.0552, 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 Chapters 163 and 380 of the Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the of , 2000. Mayor Freeman Mayor Pro Tern Neugent Commissioner Harvey Commissioner Williams Commissioner Reich (Seal) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Freeman APPRO To l� AND LE OF I NC BY ttorney's Offic FLUM Ordinance #M99135 page 3 of 3 / j Initials RL N 1 "=2000' RH Key Largo RM RC Future Land Use Map Key: Key Largo Proposed FLU M Amendment M M : 99.7 Proposal: From RM to MC Property Description: Lots 521 -534, Port Largo Subdivision 5th Addition, Sec. 33, Twn. 61S, Rge. 39E. Applicant Name: Planning Dept. /Marina Del Mar/Ocean Divers Map # : 2 1 File Number : M99135 MEMORANDUM TO: The Board of County Commissioners FROM: K. Marlene Conaway-Vry� Planning Director RE: Staff -generated FLUM amendment for Marina Del Mar and Ocean Divers DATE: August 11, 1999 Revised January 25, 2000 MEETING DATE: August 11, 1999 for Transmittal Hearing February 17, 2000 for Adoption Hearing The Planning Department transmitted this staff report along with a draft ordinance to the Department of Community Affairs for its consideration. The agency has rendered its Objections, Recommendations and Comments report on this and other plan amendments. The DCA raised no objections, recommendations, or comments with respect to this proposed amendment. This Staff Report remains unchanged. COMPREHENSIVE PLANNER: ENVIRONMENTAL PLANNER: PROPERTY OWNER: AGENT: Chad Meadows Ralph Gouldy Ocean Divers Inc.; J. Clark & R. Schweinler; Marr Resort Properties, Inc. Monroe County Planning Department EXISTING FUTURE LAND USE DESIGNATION: Residential Medium (RM) PROPOSED FUTURE LAND USE DESIGNATION: Mixed Use/Commercial (MC) EXISTING ZONING DESIGNATION: Urban Commercial (UC) PROPOSED ZONING DESIGNATION: No zoning change needed PROPERTY INFORMATION Key: Key Largo Mile Marker: 99.7 Size: 3 properties composing a total of 254,984 square feet, or 5.84 acres Ocean Divers = 12,500 sq. ft. Clark & Schweinler = 12,500 sq. ft. #M99135 Marina Del Mar/Ocean Divers FLUM Amendment BOCC Staff Report Page 1 Marina Del Mar = 229,599 sq. ft. (5.26 acres) Location Detail and Brief Property Description: The three properties are described as Lots 521, 522, and 523-534, Port Largo Fifth Addition, Key Largo Section 33, Township 61 South, Range 39 East; with the following RE Numbers: 00453475-013700, 00453475-013800, and 00453475-014100. The properties are located in Key Largo on the ocean side of U.S. Highway I off of Caribbean Avenue. Existing or Proposed Use: This proposed future land use map amendment deals with three separate properties. The largest property contains the Club Coconuts restaurant and bar and the Marina Del Mar Resort with its associated land uses (pool, parking, maintenance etc.). The property adjacent to the Marina Del Mar is owned by Joseph Clark and Robert Schweinler, and contains a 70' x 45' building housing the Ocean Divers Dive Shop, and a restaurant. The third property lies to the southeast of Ocean Divers and contains a parking lot. All three properties back up to a canal and have a dock with multiple boat slips. There are no proposed changes in use associated with this future land use map designation correction. Neighboring Land Uses and Character: The surrounding area is largely developed with commercial, residential, and tourist -related uses. The subject properties are located adjacent to the Port Largo subdivision and border a large canal. Properties to the west front US Highway 1 and are zoned Urban Commercial. Properties to the east are primarily exclusive single family homes fronting canals and zoned Improved Subdivision. To the north and across the canal lies a Best Western Motel, which is zoned Suburban Commercial. To the south and across Caribbean Drive are a mixture of single-family homes and duplexes. The zoning along this portion of the street is Improved Subdivision. Existing Habitat: The properties are developed with buildings or parking. There is some landscaping present on the road and canal sides. Land Use and Habitat on the 1985 Existing Conditions Aerials: Information from Sheet 275 of the 1985 Habitat Classification Map indicates that this habitat was a type 740, or disturbed. ZONING AND LAND USE HISTORY Pre-1986 Zoning: The western properties were zoned RU-7 (residential -Tourist District) and BU-2-F (Medium Business with the ability to serve Spirits). The properties on the eastern end were zoned BU-2 (Medium Business) prior to 1986. This indicates the business/tourism character of these properties. Considerations of this property during the 1986 and 2010 Comprehensive Plan Processes: See next section on the Analysis and Rationale for Change for more information on considerations for the these three properties. ANALYSIS AND RATIONALE FOR CHANGE Scrivener's Errors: #M99135 Marina Del Mar/Ocean Divers FLUM Amendment BOCC Staff Report Page 2