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Item W3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17, 2002 Division: Growth Management Bulk Item: Yes No --X- Department: Planning Department AGENDA ITEM WORDING: Public hearing on the request by the PBP Marina Inc. to amend the land use district (zoning) map from Sparsely Settled (SS) to Recreational Vehicle District (RV). ITEM BACKGROUND: On December 6,2001, Development Review Committee recommended approval to the Planning Commission. On January 9, 2002 the Planning Commission recommended denial to the Board of County Commissioners. PREVIOUS REVELANT BOCC ACTION: In September 1986, when the Comprehensive Plan came into effect, Geiger Key Marina as well as the surrounding areas were rezoned from Mobile Home Park Residential District (RU-5P) to Sparsely Settled District (SS). During the 2010 Comprehensive Plan process, the Future Land Use categories were introduced. Initially, Geiger Key Marina received the Residential Low (RL) designation. In May 1992, in a letter to the Planning Department, the owners argued against the FLUM designation and received Mixed Use Commercial (MC) designation in October 1992. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Denial TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/ A No Year APPROVED BY: County Atty --X- N/A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM #~ GEIGER KEY MARINA INC. GEIGER KEY, MONROE COUNTY, FLORIDA LAND USE DISTRICT (ZONING) MAP AMENDMENT BOARD OF COUNTY COMMISSIONERS KEY WEST APRIL 17, 2002 PROPOSED LAND USE DISTRICT (ZONING) MAP SPARSELY SETTLED (SS) TO RECREATIONAL VEHICLE (RV) This map amendment is for changing the zoning from Sparsely Settled (SS) to Recreational Vehic1e (R V) for a property located on Geiger Key at 5 Geiger Road, in Section 26, Township 67 South, and Range 26 East, Monroe County, Florida. RECOMMENDA TIONS Staff: DRC: PC: Approval Approval Denial December 6,2001 December 6,2001 January 9, 2002 Staff Report Resolution # D27 -01 Resolution # P02-02 ORDINANCE NO. 2002 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONONERS DENYING THE REQUEST BY PBP MARINA INe. 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 GOVERNMET 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. 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 Page 1 of5 Initials 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 102 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 Page 2 of5 Initials 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 of the 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) of the 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 Page 3 of5 Initials Law: WHEREAS, the Board of County Commissioners made the following Conclusions of 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 Chi ca. 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 Section 1. The Board specifically adopts the findings of fact and conclusions oflaw 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 Staffto initiate the process to determine an appropriate land use designation for the property based on the Findings of Fact and Conclusions of Law presented. 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 Page 4 of5 Initials PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro T em Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor/Chairperson (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK a Geiger Key Marina BOCC Ordinance Page 5 of5 Initials EXHIBIT 1 Land Use District Map ;. ~-,~~. " ~ .. ^ Proposed Land Use District Map Key: Geiger Key Amendment: Street Map Mile Mar1<er: 10.7:t Proposal: Change Land Use Disbict from Sparsely SetUed to Recreational Vehicle Property description: Boca Chica Part Government Lot 6 in Sec. 26. I Twp. fil S. Rge. 26 E. Monroe County, FIoooa Land Use District Map #: 540 MapAmendment# 01- N , I I ------------------ . I I I I I I I I I I I I I I 0 I J" 55 Site The Monroe County Land Use Map is proposed to be N amended as indicated above and briefly described as: Chanae la1d Use District from Soarselv Settled to Recreational Vehicle for Boca Chica Part Government Lot 6 i1 Sa:. 26. . Two. 67 S. Rae. 26 E. RE # 122170 . Monroe County. Florida, at aooroximate mile marker 10.7 Date: Amendment #: 01- Sheet #: 540 MEMORANDUM TO: Board of County Commissioners Thro~ K. Marlene Conaway, Director of P1anni#t FROM: Aref Joulani, Senior Planner Dianna Stevenson, Biologist RE: Geiger Key Marina Zoning Map Amendment Date: March 18, 2002 MEETING DATE: April 17, 2002 EXISTING FUTURE LAND USE DESIGNATION: Mixed Use Commercial (MC) PROPOSED FUTURE LAND USE DESIGNATION: Mixed Use Commercial (MC) EXISTING ZONING DESIGNATION: Sparsely Settled (SS) PROPOSED ZONING DESIGNATIONS: Recreation Vehicle (R V) PROPERTY OWNER: PBP Marina Inc. AGENT: Donald L. Craig, AICP PROPERTY INFORMATION Key: Geiger Key Size: 81,840 Square Feet (1.87 Acres) Mile Marker: MM 11 of U.S. Highway No. I Location Detail & Brief Description: The Geiger Key Marina property is located in Boca Chica on State Road 4-A on Geiger Key. The property is approximately 4 miles from US HWY 1, which lies to the north and is situated between the Atlantic Ocean to the south and State Road 4-A to the north. State Road S-941 which leads neighborhood traffic from US HWY 1 intersects Geiger Road. The subject property is located at 5 Map Amendment SS to R V -BOCC SR Geiger Key Marina. 00122160.000000 Page ] of J 3 Geiger Road, and is described as Boca Chica Part Government Lot 6, Section 26, Township 67 South, and Range 26 East. The Real Estate number is 00122160.000000. Figure 1: Geiger Key Marina Existing Use: Geiger Key marina began as a marina and boat dock in 1969. In 1976 recreational vehicle (R V) spaces and additional commercial area including laundry and apartments were added. The existing development at Geiger Key Marina consists of a restaurant and a bar of approximately 2000 sq. ft. The site contains 36 RV spaces with a store. There are three apartments, one over the two-story restaurant and the others over the laundry buildings. The marina consists of a boat ramp and approximately 737 linear feet of seawall. The subject property is currently operating as a marina/recreational vehicle park. The rezoning will allow the existing use to continue. The rezoning will make the parcel conforming which creates a potential for future development and redevelopment of the site. Figure 2: View inside the Geiger Key Marina Existing Habitat: The habitat of the subject properties is classified as disturbed with exotic landscape plants. The site contains a dredged boat basin and shoreline which are defined as altered for setback purposes. The lots are served by all public utilities and are not considered habitat for any listed animal species or located within an acquisition area for preservation. The lots fall predominately within the AE 10 flood zone except for a narrow strip ofVE 11 near the boat basin per FIRM panel 1734, effective, date March 3, 1997. Land Use and Habitat on the 1985 Existing Conditions Aerials: Sheet 36 of the 1985 Existing Conditions Aerials show the habitat code to be 740, which indicates that the site is disturbed. Map Amendment SS to RV-BOCC SR Geiger Key Marina. 00122160.000000 Page 2 of 13 ~\':'~~f~)l~;i~ -..,......,. ,... Figure 3. State Road 4-A ZONING AND LAND USE HISTORY Pre-1986 Zoning: Neighboring Land Uses and Character: Geiger Key Marina is located within an area that is zoned and subdivided primarily for residential use. Most of the area to the west, north, and northeast of the site is zoned Sparsely Settled (SS) the allocated density for the SS zone is 0.5 units/acre. Therefore, a minim of two acres lot is needed to build a house. Also to the west is Tamarak Park and Geiger Mobile Home Subdivision in an area zoned Urban Residential and Mobile Home (URM). The rest of the Geiger Key is military land that is owned by Boca Chica Naval Air Station. In 1965 Geiger Key Marina was zoned BU (Neighborhood Retail Business District). This zoning designation remained until May 1973 when the first legal zoning ordinance (Ordinance # 1-1973) came into effect which designated Geiger Key Marina as Mobile Home Park Residential District (RU-5P). The purpose of RU-5P zone was a district for mobile homes in approved parks where the lots are not individually owned but are occupied as single family dwelling. The intent was to create an environment of residential character, designed to enhance living conditions and permitting only those uses, activities, and services which were compatible with the residential environment. Principal uses that were permitted in RU-5P districts included: . Parking and occupancy of mobile homes; · Service buildings, including bath, toilet and laundry facilities for park occupants; . Lounge, recreational buildings, areas, and facilities; · Office and living accommodations for park manager and the immediate family; . Storage buildings; and · The sales of new and used mobile homes under certain conditions. Operating as a marina, Geiger Key Marina was a nonconforming use under this land use district. The 1973 Ordinance designated the RU-6 zone as Recreational Vehicle Park District (RV), where parks were intended to provide only short-term occupancy by tourists. Marinas were permitted as accessory uses. In 1976, Geiger Key Marina added RV spaces and additional commercial area, including laundry and apartments. Therefore, expanded the nonconformity by operating as an RV park. Map Amendment SS to RV-BOCC SR Cieiger Ke:- Marina. 00122160.000000 Page 3 or 13 Figure 4: Looking inside the RV Park Considerations During the 1986 Comprehensive Plan Process: In September 1986, when the Comprehensive Plan came into effect, Geiger Key Marina as well as the surrounding areas were rezoned to Sparsely Settled District (SS). Although marinas are permitted as major conditional uses, R V parks are nonconforming uses in SS district. Considerations During the 2010 Comprehensive Plan Process: During the 2010 Comprehensive Plan process, the Future Land Use MAP (FLUM) categories were introduced. Initially, Geiger Key Marina received the Residential Low (RL) designation. In May 1992, in a letter to the Planning Department, the owners (Coon and Boydston) argued that their property in Geiger Key had been operating as Marina/bar for 27 years and requested conforming status for possible future improvements. In October 1992, the Future Land Use Map was amended and Geiger Key Marina received Mixed Use Commercial (MC) designation in the FLUM. Changes to Boundary Considerations Since 1986: No recorded boundary changes were found for the Geiger Key Marina. ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b): Changed Projections or Assumptions: None. Data Errors: None. New Issues: None. Recognition of a Need for Additional Detail or Comprehensiveness: The standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan stipulate that all properties with the zoning classification Recreational Vehicle (R V) shall have the corresponding FLUM category of Mixed Use/Commercial (MC). Geiger Key Marina has a FLUM category of Me. In this map amendment, assumption is made that because the FLUM corresponds with the existing Map Amendment SS to RV-BOCC SR Cieiger Key Marina. 00122160.000000 Page 4 of 13 use of the property, there is a need to bring the Land Use District Map designation into conformity with the FLUM. Based on Chapter 163.3177(6)(a) of the Florida Statutes, Future Land Use Map illustrates the proposed distribution, location, and extent of various categories of land uses 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. Chapter 380.031 of the Florida Statues states that the definition of "Development Permit" includes zoning permit and rezoning. Therefore, a zoning change should support and implement the Land Development Regulations. Although, based on Chapters 163.3201 and 163.3201 of the Florida Statues, Land development regulations must be in compliance with and implement the adopted local Comprehensive Plan, according to Chapter 163.3213 2 (b), the definition of "Land development regulation" does not include a zoning map, "an action which results in zoning or rezoning of land." Therefore, rezoning a property on the assumption that it should correspond with the Future Land Use Map designation is not a valid argument. IMPACT AND POLICY ANALYSIS Comparison of Development Potential for the Current and Proposed Land Uses: 1. Current Land Development Regulations (LDR's) Section 9.5-209 states that the purpose of the Sparsely Settled Residential District (SS) is to establish areas of low-density residential development where the predominant character is native or open space land. Uses pennitted as-ofright include: . Detached residential dwellings; . Beekeeping; . Home occupations; · Accessory uses; and · Wastewater nutrient reduction cluster systems that serve less than ten (10) residences. Uses pennitted as minor conditional uses include: . Attached residential dwelling units; . Public or private community tennis cotn1:s and swimming pools; . Public buildings and uses; and Map Amendment 55 to RV-BOCC 5R Geiger Key Marina, 00122160.000000 Page 5 of 13 . Paries and commw1ity paries. Uses permitted as mqjor conditional uses include: . Attached residential dwelling w1its; . Marinas; . Agricultural uses; . Solid waste facility; . Commw1ications towers; and . Stealth wireless commw1ications facilities, as accessory uses. The Future Land Use Category that corresponds with Sparsely Settled district is Residential Low (RL). The existing PLUM is Mixed Use/Commercial (MC). 2. Potential Land Uses With Proposed Map Amendment Section 9.5-215 states the purpose of the RV is to establish areas suitable for the development of destination resorts for recreational vehicles. This district contemplates developments that provide on-site recreational, commercial and resort facilities. Allowable uses as-of-right under Section 9.5-244, Recreational Vehicle District include: . Recreational vehicle spaces; . Commercial retail uses ofless than twenty-five hundred (2,500) square feet of floor area; . Accessory uses, including permanent owner/employee residential dwelling units. Uses permitted as minor conditional uses: . Hotels providing less than fifty (50) rooms; and . Parks and community parks. Uses permitted as a major conditional uses: . Hotels providing fifty (50) or more rooms; . Marinas; and . Stealth wireless communications facilities, as accessory uses. Compatibility With Adjacent Land Uses and Effects on Community Character: Section 9.5-511 prohibits any map amendments that would negatively impact community character. The community character of the neighborhood is low density residential. Geiger Key Marina is the Map Amendment SS to RV-BOCC SR Geiger Key Marina, 00122160.000000 Page 6 of 13 only mixed-use commercial facility in and around the neighborhood. Furthermore, the proposed map amendment is in conflict with the community character based on the following findings: Density and Intensity The subject property is 1.87 acres (81,840 sq. ft.) in size. The maximum number of RV's permitted in RV district is 15 RV spaces per acre. Currently there are 36 RV spaces on this property. In addition, several visits to the site indicated at least two live aboard vessels docked in the marina. Also existing on this property is approximately 3,200 sq. ft. of commercial floor space, 1,800 sq. ft. of residential use in three separate apartments units, and 1,200 sq. ft. area designated for the sewage treatment plant. The commercial use includes a laundry, and a restaurantlbar in a non-conforming structure as to the shoreline setback. Land Use District Sparsely Settled Maximum Net Density UlBuildable Area o Recreational Vehicle District 15.0 RV or Campground s ace er buildable acre With 36 RV spaces, the site is over density. If the rezoning is established, the following requirements of the LDR's must be met before any substantial improvement: . A 20-foot shoreline setback is required along the 731 linear feet of altered shoreline; . A Class E district buffer yard (at least 30 feet wide); . 20% of the lot must remain as open space; and · One parking space per RV pad, 15 parking spots per 1,000 sq. ft. gross floor area (gfa) of restaurant; 10 parking spaces per 1,000 sq. ft. gfa of bar or lounge; 2.0 parking spaces for each single family home; and handicap parking as required by LDR's. However, Geiger Key Marina is restricted for further development and redevelopment based on the following considerations: (1). 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 of the 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. Under the AICUZ C2 zone, Geiger Key Marina shall not be permitted to be developed or redeveloped for new residential (transient or permanent), Map Amendment 55 to RV-BOCC 5R Geiger Key Marina, 00122160.000000 Page 7 of 13 commercial (resort related), institutional (educational, medical related), and recreational (sports arena, concert hall) uses. In a letter dated December 14,2001, in opposition to the zoning change the Commander of the Naval Air Facility in Key West stated that 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. (2).On page 7-1 of the Year 2010 Comprehensive Plan Technical Document, it is observed that between 1980 and 1990, housing units classified as mobile homes, trailers and others increased to approximately 33% of the total housing in Monroe County. Recreational vehicle parks in RV zones are considered by the County as a form of commercial transient use (planning Director's Policy 99-4). Effective May 22, 1998, Land Development Regulations were adopted, as directed by Policy 101.2.6 of the Comprehensive Plan, which prohibit new transient residential units, including hotel or motel rooms, campground spaces, or spaces for parking recreational vehicles and travel trailers. (3).Additionally, the County has instituted a deferred permitting of nonresidential developments since January 4, 1996 pursuant to Policy 101.3.1, which directs Monroe County to maintain a balance between residential and non-residential growth by limiting the gross square footage of non-residential development over the 15 year planning horizon in order to maintain a ratio of approximately 239 square feet of non-residential development for each new residential unit permitted through the Permit Allocation System. Use Compatibility The Use as a marina existed since 1965 and as an RV park since 1976. However, this use is incompatible with neighboring uses. Changing the land use district to Recreational Vehicle district will allow the incompatibility to continue. Local Traffic and Parking The proposed rezoning will have no impact on the existing conditions. Roads are already in place and have been well maintained. Traffic volume is exceedingly low as the Old State Road 4-A terminates a short distance from the Geiger Key Marina. The site plan indicates that the parking standards of the Monroe County Code can be met. Effects on Natural Resources: As an existing development on a primarily scarified land, the proposed rezoning will have no negative impact on natural resources. Effects on Public Facilities: Objective 101.11 of the 2010 Plan requires the County to direct future growth away from environmentally sensitive land and towards established development areas Map Amendment SS to RV-BOCC SR Geiger Key Marina, 00122160.000000 Page 8 of 13 served by existing public facilities. The proposed zoning change supports Objective 101.11 based on the following fmdings of the 2001 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater: r< TraffIC Circulation U.S. Highway No. 1 is required to maintain a level of service (LOS) of C in order to support additional development. The LOS at segment 4 is between B and C, which is adequate to serve existing and proposed uses. This level of service will not be significantly affected by allowing a change in zoning from Sparsely Settled (SS) to Recreational Vehicle District (RV). Solid Waste The existing solid waste haul out contract with Waste Management Inc. will provide Monroe County with guaranteed capacity to 2006. In addition to this contract, the 180,000 cubic yard reserve at the County landfill on Cudjoe Key would be sufficient to handle the County's waste stream for an additional four to five years (at current tonnage levels), should the County choose to discontinue haul out as the means of disposal. The combination of existing haul-out contract and the space available at the Cudjoe Key landfill provides the County with sufficient capacity to accommodate all existing and approved development for ten to eleven years. Therefore, the proposed zoning change is not expected to have a significant effect on solid waste generation or removal. Potable Water The Florida Keys Aqueduct Authority's existing consumptive use permit authorizes the withdrawal of sufficient quantities to meet the demand anticipated for 2001. Monroe County's Public Facilities Capacity Assessment indicates that there are over 100 gallons of water available per person per day. The 100 gallons per person per day standard is commonly accepted as appropriate and is reflected in Policy 701.1.1 of the Year 2010 Comprehensive. Stormwater No increase in stormwater runoff will result from this zoning change. Section 9.5-293 of the Land Development Regulations requires that all developments retain stormwater on site following Best Management Practices (BMP's). Effects on RedevelopmentlInfill Potential: Geiger Key Marina has been in existence for over 35 years and it is the intention of the owners to continue to operate the subject properties as an RV park. According to the applicant, the rezoning is necessary to bring the property into compliance and permit future development and redevelopment of the property in case of damage or destruction of the property after a disaster. Geiger Key Marina as well as the neighboring properties that are located within the C2 zone of the adopted AICUZ map can not be further developed or redeveloped for new residential (transient or permanent), commercial (resort related), institutional (educational, medical related), and recreational (sports arena, concert hall) uses. Map Amendment SS to RV-BOCC SR Geiger Key Marina, 00122160.000000 Page 9 of 13 FINDINGS OF FACT !: 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) of the MCC). 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 FLUM designation. 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 designation of the subject property was changed to Sparsely Settled Residential District (SS). 5. Section 9.5-209 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 of the Monroe County Year 2010 Comprehensive 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. However, Geiger Key Marina received Mixed Use/Commercial (MC) designation. 7. Based on Policy 101.4.5 of the Comprehensive Plan, the principal purpose of the Mixed Use/Commercialland 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) FLUM 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. Map Amendment 55 to RV-BOCC SR Geiger Key Marina. 00122160.000000 Page 10 of ] 3 11. Objective 101.11 of Comprehensive 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 102 of the Comprehensive 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 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 of the adopted map. Based on Section 9.5- 252(C)(3)h(iii)4, the C2 zone represents accident potentials and modest noise from the airplanes 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 Statues, 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 Statues, Land development regulations shall be in compliance with and implement the adopted local Comprehensive Plan. 18. Based on Chapter 163.32132 (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.. .. Map Amendment SS to RY-BOCC SR Geiger Key Marina, 00122160.000000 Page II of 13 19. Based on Chapter 163.3177(6)(a) of the 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. 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 a valid assumption. 3. 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 Comprehensive 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 meets 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. 7. 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. 8. Based on the Finding of Facts presented, neither the proposed, nor the existing land use designations are appropriate for this property. In the process of determining more appropriate Map Amendment SS to RV-BOCC SR Geiger Key Marina, 00122160.000000 Page ] 2 of 13 land use designations for the site, the Findings of Fact and Conclusions of Law shall be used to guide the Staff. RECOMMENDATION Based on the Findings of Fact and Conclusions of Law, the Planning Commission recommends DENIAL to the Board of County Commissioners of the proposed Official Land Use District Map amendment from Sparsely Settled (SS) to Recreational Vehicle (RV) District. Map Amendment SS to RV-BOCC SR Geiger Key Marina, 00122160.000000 Page 13 of ) 3 Planning Commission Resolution RESOLUTION NO. P02-02 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING DENIAL TO THE BOARD OF COUNTY COMMISSIONERS OF 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 PART OF GOVERNMET LOT 6, SECTION 26, TOWNSHIP 67 SOUTH, AND RANGE 26 EAST, ALSO KNOWN AS GEIGER KEY MARINA AND RV PARK, GEIGER KEY, MONROE COUNTY, FLORIDA, AT APPROXIMATELY MILE MARKER 10.7. WHEREAS, the Monroe County Planning Commission, during a regular meeting held on January 9, 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, having the Real Estate identification number 00122160.000000; and WHEREAS, the Planning Commission examined the following information: 1. The application from PBP Marina, Inc. to change the Land Use District (zoning) map from Sparsely Settled Residential District (SS) to Recreational Vehicle (RV); and 2. Sworn testimony from applicant's attorney and agent; and 3. Sworn testimony of Rebecca Jetton, Community Program Administrator of DCA; and 4. A folder submitted by the applicant's agent containing petitions by some of the residents of Geiger Key, Rockland Key, and Big Coppit Key in support of the application, as well as, notices to the residents of Geiger Key Marina and RV Park; and 5. The staff report prepared by Aref Joulani, Senior Planner and Dianna Stevenson, Biologist, dated December 6, 2001; and 6. Sworn testimony of the Growth Management Staff; and 7. Advice from John Wolfe, the Planning Commission Council; and 8. Comments from local residents and concerned citizens; and 9. Letter of opposition to the requested rezoning from the Commander of the Naval Air Facility in Key West; and P02-02 Page I of5 Initials -rx.-P- WHEREAS, the Planning Commission made the following Findings of Fact: 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) of the MCC). 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. 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 of the Monroe County Year 2010 Comprehensive Plan (Comp Plan) shows that areas around the Geiger Key Marina that were zoned SS, received a Future Land Use Map designation of Residential Low (RL), consistent with their zoning district. However, Geiger Key Marina received Mixed Use/Commercial (MC) 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. P02-02 Page 2 of5 Initials DelL., 11. Objective 101.11 of 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 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 of the adopted map. Based on Section 9.5- 252(C)(3)h(iii)4, the C2 zone represents accident potentials and modest noise from the airplanes 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 Statues, 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 Statues, 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) of the Florida Statutes, Future Land Use Maps illustrate the P02-02 Page 3 of5 Initials ~ 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 WHEREAS, the Planning Commission 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 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 RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to recommend DENIAL to the Monroe County Board of County Commissioners of the request filed by PBP Marina Inc. to amend the zoning map from the Sparsely Settled (SS) land use district to the Recreational Vehicle (RV) land use district for a property located at 5 Geiger Road, in Section 26, Township 67 South, and Range 26 East, Monroe County, Florida, having the Real Estate identification number 00122160.000000. P02-02 Page 4 of5 Initials ~ PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida, at a regular meeting held on the 9th day of January 2002. Chair David C. Ritz Vice Chair Denise Werling Commissioner P. Morgan Hill Commissioner Jerry Coleman Commissioner Alicia Putney YES YES NO YES YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY ~/C fl~ David C. Ritz, Chair J Signed this (3 iYJ.y ~. 2002 P02-02 Page 5 of5 Initials Development Review Committee Resolution RESOLUTION NO. D27-01 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMfITEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST BY PBP MARINA INC. TO AMEND THE LAND USE DISTRICf (ZONING) MAP FROM SPARSELY SETTELED (SS) TO RECREATIONAL VEHICLE (RV) FOR THE PROPERTY DESCRIBED AS PART OF GOVERNMENT LOT 6, SECTION 26, TOWNSlDP 67 SOUTH, AND RANGE 26 EAST, ALSO KNOWN AS 5 GEIGER ROAD, GEIGER KEY, MILE MARKER 10.7, MONROE COUNTY, FLORIDA. WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on December 6, 2001, 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, having the Real Estate identification number 00122160.00000o; and WHEREAS, the Development Review Committee examined the following information: 1. The application from PBP Marina, Inc. to change the Land Use District (zoning) map from Sparsely Settled Residential District (SS) to Recreational Vehicle (RV); and 2. The staff report prepared by Aref Joulani, Senior Planner and Dianna Stevenson, Biologist, dated December 6,2001; and WHEREAS, the Development Review Committee made the following Findings of Fact: 1. Section 9.S-S11(d)(S) 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. 2. This map amendment recognizes a need for comprehensiveness in planning (Section 9.5- 511(d)(5)b.(v) of the Monroe County Code). 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. 3. Pre-1986 zoning of the subject properties was Mobile Home Residential District (RU-SP). 4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Sparsely Settled Residential District (SS). 5. Section 9.5-209 of the Monroe County Code states that the purpose of the Sparsely Settled Geiger Key MannalRV Park Dn-Ol Page 1 of 4 Initials ~ district is to establish areas of low-density residential development where the predominant character is native or open space land. This designation overlooked the historic use of the property as a marina and R V park. 6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive shows that areas around the Geiger Key Marina that were zoned Sparsely Settled Residential District, received a Future Land Use Map designation of Residential Low (RL), consistent with their land use. However, the subject property received Mixed Use/Commercial (MC) designation. 7. Based on Policy 101.4.5 of the Year 2010 Comprehensive 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 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 for the establishment of mixed-use development patterns, where appropriate. 8. The Mixed Use/Commercial (MC) Future Land Use category corresponds with the Recreational Vehicle (R V) land use district. 9. Section 9.5-215 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. Section 9.5-244 indicates that the Recreational Vehicle (RV) land use district permits recreational vehicles as-of-right. 11. Section 9.5-511 prohibits any map amendments that would negatively impact community character. 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 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. 14. Goal 102 of the Monroe County Year 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 it proposes no additional density or intensity on the site. There will be no additional impact on environmentally sensitive lands. . Geiger Key MannalRV Park D27-01 Page :2 of 4 /: Initials . /",j 16. The site is located under the flight path of the Boca Chica Naval Air Station. The property is within the C2 zone in the adopted United States Navy's Air InstaUation Compatible Use Study (AICUZ). 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 further developed for new residential (transient or permanent); commercial (resort related); institutional (educational, medical related); and recreational (sports arena, concert Hall) uses. 17. 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; and WHEREAS, the Development Review Committee made the following Conclusions of Law: 1. The proposed map amendment meets the requirements outlined in Section 9.5-511(d)(5)b.(v) and Section 9.5-215 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject property or the neighborhood. 2. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2001 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. There are no additional impacts on environmentally sensitive lands as a result of the proposed map amendment. NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission 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 Geiger Key Marina and RV Park located at 5 Geiger Road, in Section 26, Township 67 South, and Range 26 East, Monroe County, Florida, having the Real Estate identification number 00122160.00000o. Geiger Key MannalRV Park D17-01 Page 3 of 4 / Initials y. , ".' PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular meeting held on the 6th of December 2001. Fred Gross, DRC Chair YES Ralph Gouldy, Senior Administrator, Environmental Resources YES Aref Joulani, Senior Planner YES Department of Public Works (by FAX) YES Department of Engineering (by FAX) ~ Department of Health (by FAX) YES DEVELOPMENT REVIEW.cOMMfITEE OF MONROE COUNTY BY \ ~J""~ ':)/ Fred Gross, DRC Chair ! 'J ~_.,d (. ... J.. """I Signed this ,,' day of' ri':- r) I/~ ,I k ~ . ,2002. '. f Geiger Key MarinaIRV Park D:27-01 Page 4 of 4 Initials <;;t'f 'f /,'? /0 =< m /j/p ~ ...~~ .f?, //, j ~~ ~'c~ -*--- ! -~- '""- ~.,.) . . . ,4t:t}~ ... ~ II t~/J~<-- U oJ /~~ ~~~ :Ii '--./)--17 -,:J ItLJZCQ -W>- ~ 1i-_i/tL:{-d0~ t -.:;- &~ ll'- {J-. ~J. ...-~ " --" , ---, I. ::::--;.:: ,<'"- :;- ,..... ~ G I '-----" __ .~ I 1...- '. '. ...., . n.............. ... '. . . . ~ I I (~ 1 { ('j P{' J) V W/'3