Item A3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 23, 2008 Division: Growth Management
Bulk Item: Yes_ No X Department: Planning & Environmental Resources
Staff Contact Person: Joseph Haberman, Principal
Planner
AGENDA ITEM WORDING:
A public hearing to consider transmittal of a resolution to the Department of Community Affairs
at the request of the Crown Four, LLC, on behalf of the Trustees of the Big Pine Key
Congregation of Jehovah's Witnesses Trust, Peter Abrahamsen and Lucky's Landing Inc.,
proposing to amend the subject property's Future Land Use Map (FLUM) designation from
Institutional (INS) to Mixed Use 1 Commercial (MC) Real Estate Nos. 00214960.000000,
00214960.000100 and part of 00214970.000000.
ITEM BACKGROUND:
The Planning Commission held a public hearing in Marathon on February 19, 2008 and based on
the facts presented at the meeting, the Planning Commission recommended approval of the map
amendment application to the Board of County Commissioners as memorialized as in Resolution
No. P01-08.
PREVIOUS RELEVANT COMMISSION ACTION: Continued from the March I9, 2008
BOCC meeting
CONTRACT/AGREEMENT CHANGES: NiA
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes No N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N "A AMOUNT PER MONTH: N/A Year
APPROVED BY: County Attorney _X_ OMB Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
BQCC TRANSMITTAL RESOLUTION
RESOLUTION NO. -2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY CROWN FOUR, LLC, ON BEHALF OF THE TRUSTEES
OF THE BIG PINE KEY CONGREGATION OF JEHOVAH'S
WITNESSES TRUST, PETER ABRAHAMSEN & LUCKY'S
LANDING INC, TO AMEND THE FUTURE LAND USE MAP
(FLUM) DESIGNATION FROM INSTITUTIONAL (INS) TO
MIXED USE / COMMERCIAL (MC) OF PROPERTY
LEGALLY DESCRIBED AS LOT 1, PART LOT 2 & PART
STATE ROAD NO. 5, BARRY BEACH, LITTLE TORCH KEY,
PB2-127, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS 00214960.000000 & 00214960.000100 &
PART OF 00214970.000000.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing for the purpose of considering the transmittal to the Florida Department of
Community Affairs for review and comment of a proposed amendment to the Future
Land Use Map of the Monroe County Year 2010 Comprehensive Plan, changing the
future land use designation of the properties described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County
Board of County Commissioners support the requested future land use map designation
change; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendations
of the Planning Commission pursuant to the draft ordinance for adoption of the proposed
Future Land Use Map amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment as part of the first (1 st) transmittal of comprehensive plan amendments for
2008 to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Chapter 163.3184, Florida Statutes; and
Section 3. The Monroe County staff is given authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of 9J-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 23rd day of May, A.D., 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Mario Di Gennaro
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor McCoy
MONROE COUNTY ATTOAN Y
APPR 0 A FORM
ate:
BOCC ORDINANCE
ORDINANCE NO. -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY CROWN FOUR, LLC, ON BEHALF OF THE TRUSTEES
OF THE BIG PINE KEY CONGREGATION OF JEHOVAH'S
WITNESSES TRUST, PETER ABRAHAMSEN & LUCKY'S
LANDING INC, TO AMEND THE FUTURE LAND USE MAP
(FLUM) DESIGNATION FROM INSTITUTIONAL (INS) TO
MIXED USE / COMMERCIAL (MC) OF PROPERTY
LEGALLY DESCRIBED AS LOT 1, PART LOT 2 & PART
STATE ROAD NO. 5, BARRY BEACH, LITTLE TORCH KEY,
PB2-127, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS 00214960.000000 & 00214960.000100 &
PART OF 00214970.000000.
WHEREAS, during a regularly scheduled public meeting held on March 19,
2008, the Monroe County Board of County Commissioners conducted a review and
consideration of a request filed by Crown Four, LLC, on behalf of the Trustees of the Big
Pine Key Congregation of Jehovah's Witnesses Trust, Peter Abrahamsen and Lucky's
Landing Inc., to amend the subject property's Future Land Use Map (FLUM) designation
from Institutional (INS) to Mixed Use / Commercial (MC) in accordance with Policy
101.4.5 of the Monroe County Year 2010 Comprehensive Plan and §9.5-511 of the
Monroe County Code; and
WHEREAS, the subject property is located to the Northeast of the intersection of
US Highway 1 (Overseas Highway) and Barry Avenue on Little Torch Key, approximate
Mile Marker 28.5, and is legally described as Lot 1, Part Lot 2 & Part State Road No. 5,
Barry Beach, Little Torch Key, PB2-127, Monroe County, Florida, having Real Estate
Numbers 00214960.000000 & 00214960.000100 & Part of 00214970.000000; and
WHEREAS, based upon the information and documentation submitted, the
Board of County Commissioners makes the following Findings of Fact:
1. The existing land use district designation of the subject property is Sub Urban
Commercial (SC). Pursuant to §9.5-206 of the Monroe County Code, the
purpose of the SC District is to establish areas for commercial uses designed
and intended primarily to serve the needs of the immediate planning area in
which they are located. This district should be established at locations
convenient and accessible to residential areas without use of US 1.
2. The proposed Future Land Use Map (FLUM) designation of the subject
property is Mixed Use / Commercial (MC). Policy 101.4.5 of the Monroe
County Year 2010 Comprehensive Plan states that the principal purpose of the
Mixed Use / Commercial (MC) 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.
Employee housing and commercial apartments are also permitted. This land
use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and
non-residential uses may be permitted; however, heavy industrial uses and
similarly incompatible uses shall be prohibited.
3. §9.5-511(a) of the Monroe County Code maintains that map amendments are
not intended to relieve particular hardships, nor to confer special privileges or
rights on any person, nor to permit a change in community character, as
analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make
necessary adjustments in light of changed conditions.
4. Pursuant to §9.5-511(d)(5)b of the Monroe County Code, the Monroe County
Board of County Commissioners may consider the adoption of an ordinance
enacting the proposed change based on one (1) or more of the following
factors: (i) Changed projections (e.g., regarding public service needs) from
those on which the text or boundary was based; (ii) Changed assumptions
(e.g., regarding demographic trends); (iii) Data errors, including errors in
mapping, vegetative types and natural features described in volume 1 of the
plan; (iv) New issues; (v) Recognition of a need for additional detail or
comprehensiveness; or (vi) Data updates.
5. Map amendments shall be consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern.
WHEREAS, based upon the information and documentation submitted, the
Board of County Commissioners makes the following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions and intent of
the Monroe County Year 2010 Comprehensive Plan:
a. The existing uses of the subject property are consistent with the purpose of
the proposed Mixed Use / Commercial (MC) Future Land Use Map
(FLUM) designation, as set forth in Policy 101.4.5 of the Monroe County
Year 2010 Comprehensive Plan.
b. The proposed Future Land Use Map (FLUM) designation of Mixed Use
Commercial (MC) corresponds to the existing land use district designation
of Sub Urban Commercial (SC).
2. The proposed map amendment is consistent with the provisions and intent of
Chapter 9.5 of the Monroe County Code:
a. The existing uses of the property are consistent with the purpose of the
Sub Urban Commercial (SC) District designation, as set forth in §9.5-206
of the Monroe County Code.
b. The existing uses of the property are permitted uses in the Sub Urban
Commercial (SC) District, as set forth in §9.5-235 of the Monroe County
Code.
c. The existing land use district designation of Sub Urban Commercial (SC)
corresponds to the proposed Future Land Use Map (FLUM) designation of
Mixed Use Commercial (MC).
3. The proposed map amendment shall not relieve particular hardships, nor
confer special privileges or rights on any person, nor permit a change in
community character, as analyzed in the Monroe County Year 2010
Comprehensive Plan as directed by §9.5-511(a) of the Monroe County Code.
4. As a whole, the proposed map amendment meets two (2) of the factors set
forth in §9.5-511(d)(5)b of the Monroe County Code: (i) Changed projections
(e.g., regarding public service needs) from those on which the text or
boundary was based and (iv) New issues.
5. In part, the proposed map amendment meets one (1) additional factor set forth
in §9.5-511(d)(5)b of the Monroe County Code: (iii) Data errors, including
errors in mapping, vegetative types and natural features described in volume 1
of the plan.
6. The proposed map amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern.
WHEREAS, Planning & Environmental Resources Department Staff have found
that all of the required standards shall be met and recommended approval of the
application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on February 19, 2006 and based on the facts presented at the meeting, the
Planning Commission recommended approval of the request as memorialized in Planning
Commission Resolution No. P01-08; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section l . The Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described properties, which are currently designated
Institutional (INS) shall be designated Mixed Use Commercial (MC) as shown on the
attached map, which is hereby incorporated by reference and attached as Exhibit 1.
Section3. 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 ordinance in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal
the repealing clause of such ordinance or revive any ordinance which has been repealed
thereby.
Section 6. This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty due or
unpaid on the effective date of this ordinance; and does not waive any fee or penalty due
or unpaid on the effective date of this ordinance; and does not affect the validity of any
bond or cash deposit posted, filed, or deposited pursuant to the requirements of any
ordinance.
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 approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the day of , A.D., 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario Di Gennaro
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
IMIA
Mayor McCoy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK MONROE COUNTY ATTORNEY
APPRO EC A$ ORX
Exhibit 1 to Ordinance# -2008
00214960-000100
00214960-000000
It
overseas H,Ny.
Pine
Channel
00214970-000000
The Monroe County Future Land Use District Map is amended
as indicated above.
RE 00214960-000000, RE 00214960-000100 and portion of RE 00214970-000000 - N
Change Future Land Use Map Designation from Institutional (INS) to
Mixed Use/Commercial (MC).
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
From: Joseph Haberman, Principal Planner
Through: Townsley Schwab, Acting Sr. Director of Planning & Environmental Resources
Date: March 3, 2008
Subject: Request for an Amendment to the Future Land Use Map from Institutional (INS)
to Mixed Use / Commercial (MC)
US Highway 1 & Barry Avenue, Little Torch Key, Mile Marker 28.5, Real Estate
Numbers 00214960.000000, 00214960.000100 & Part of 002149 70. 000000
Meeting: May 23, 2008
I REQUEST
A request by Crown Four, LLC, on behalf of the Trustees of the Big Pine Key Congregation
of Jehovah's Witnesses Trust, Peter Abrahamsen and Lucky's Landing Inc., to amend the
subject property's Future Land Use Map (FLUM) designation from Institutional (INS) to
Mixed Use / Commercial (MC) in accordance with Policy 101.4.5 of the Monroe County
Year 2010 Comprehensive Plan and §9.5-511 of the Monroe County Code.
Existing Land Use District Map
Page i of 11
o
INS
Existing Future Land Use Map
Reviewed by .
RM
MC
RL
RH
MC
MC
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A. Address: US Highway I (Overseas Highway) & Barry Avenue, Little Torch Key, Mile
Marker 28.5
B. Legal Description: Lot 1, Part Lot 2 & Part State Road No. 5, Barry Beach, 1`132-127
C. Real Estate (RE) Numbers: 00214960.000000 & 00214960.000100 & Part of
00214970.000000.
D. Applicant Petitioner: Crown Four, LLC
E. Property Owner: Trustees of the Big Pine Key Congregation of Jehovah's Witnesses
Trust (RE 00214960.000000), Peter Abrahamsen (RE 00214960.000100) & Lucky's
Landing Inc (RE 00214970.000000)
II PROCESS
In accordance with the provisions set forth in §9.5-511 of the Monroe County Code (MCC),
text and map amendments may be proposed by the Board of County Commissioners
(BOCC), the Planning Commission, the Director of Planning, or the owner or other person
having a contractual interest in property to be affected by a proposed amendment. The
Director of Planning shall process and review amendment applications and forward them on
to the Planning Commission for recommendation and to the BOCC for approval/denial.
BOCC decisions to approve amendments are then transmitted to and reviewed by the Florida
Department of Community Affairs.
In the event of a written protest against such amendment signed by the owners of 20 percent
or more either of the area of the lots or land included in the proposed amendment or of the
lots or land immediately adjoining the property to be affected and extending 200 feet there
from, such amendment shall not become effective except by the favorable vote of four (4)
members of the BOCC.
III RELEVANT PRIOR COUNTY ACTIONS
The subject property (all of Lot 1, a
southwestern part of Lot 2 and part of State
Road No. 5) was platted as part of the
subdivision of Barry Beach in 1950.
Prior to the 1986 adoption of the county's
current land development regulations, the
property was within a BU-2 district
(Medium Business). The Land Use District
(zoning) designation was changed to Sub
Urban Commercial (SC) in 1986 with the
adoption of the current regulations. The
property was given a FLUM designation of
Institutional (INS) in 1997 with the adoption
of the future land use maps.
Page 2 of 11
Site Boundaries
Reviewed by _ _ . .
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IV BACKGROUND INFORMATION
A. Size of RE 00214960.000000 (all of which is affected): 26,486 fiz (0.61 acres)
Size of RE 00214960.000100 (all of which is affected): 5,500 R2 (0.13 acres)
Size of RE 00214970.000000 (part of which is affected): 6,800 fiz (0.16 acres)
Total Size of Site: 38,786 fie (0.89 acres)
B. Tier Designation: Tier III
C. Flood Zone: AE -- EL 8
D. Existing Use of RE 00214960.000000: Mixed Use (institutional/single-family residential)
Existing Use of RE 00214960.000100: Single -Family Residential
Existing Use of RE 00214970.000000: Mixed Use (commercial/residential)
E. Existing Vegetation / Habitat: Developed
F. Community Character of Immediate Vicinity: Mixed Use (residential/commercial)
V REVIEW OF APPLICATION
A. Consistency of the proposed amendment with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan:
Staff has determined that the proposed map amendment is consistent with the provisions
and intent of the Year 2010 Comprehensive Plan. Goals, Objectives and Policies from
the Year 2010 Comprehensive Plan that directly pertain to the proposed amendments
include:
o Chapter 3.1: Future Land Use
Goal 101: Monroe County shall manage future growth to enhance the quality of life,
ensure the safety of County residents and visitors, and protect valuable natural
resources.
Objective 101.3: Monroe County shall regulate non-residential development to
maintain a balance of land uses to serve the needs of the future population of
Monroe County.
Objective 101.4: Monroe County shall regulate future development and
redevelopment to maintain the character of the community and protect the natural
resources by providing for the compatible distribution of land uses consistent with
the designations shown on the Future Land Use Map.
Policy 101.4.5: The principal purpose of the Mixed Use / Commercial (MC)
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. Employee housing and commercial
apartments are also permitted. This land use category is also intended to
allow for the establishment of mixed use development patterns, where
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appropriate. Various types of residential and non-residential uses may be
permitted; however, heavy industrial uses and similarly incompatible uses
shall be prohibited. In order to protect environmentally sensitive lands, the
following development controls shall apply to all hammocks, pinelands, and
disturbed wetlands within this land use category: 1) only low intensity
commercial uses shall be allowed; 2) a maximum floor area ratio of 0.10
shall apply; and 3) maximum net residential density shall be zero.
Policy 101.4.10: The principal purpose of the Institutional (INS) land use
category is to provide for institutional uses by federally tax-exempt, non-
profit facilities, including, but not limited to, educational, scientific,
religious, social service, cultural, and recreational organizations. Related
residential and non-residential uses, including student and employee
housing shall be allowed.
Objective 101.11: Monroe County shall implement measures to direct future
growth away from environmentally sensitive land and towards established
development areas served by existing public facilities.
Staff has found that the existing land uses, as well as other land uses not found on the site
but permitted in the SC District, are more consistent with the principal purpose of the
FLUM category of MC than the principal purpose of the FLUM category of INS, as set
forth in the policies of Objective 101.4. In addition, Objective 101.3 supports the
measure of revising a non-residential FLUM designation, such as the FLUM category of
INS, in order to maintain a balance of land uses to serve the needs of the future
population of Monroe County.
B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of
the Monroe County Code, Land Development Regulations:
Staff has determined that the proposed map amendments are consistent with the
provisions and intent of MCC Chapter 9.5.
In accordance with MCC §9.5-511(d)(5)b, the BOCC may consider the adoption of an
ordinance enacting the proposed change based on one (1) or more of the following
factors:
i. Changed projections (e.g., regarding public service needs) from those on which the
text or boundary was based:
Page 4 of 11
Applicant:
There is currently no active institutional use in place on any part of the property. The
existing use is commercial and residential with a planned future use of commercial
and residential (employee mousing and commercial apartments).
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Staff:
The current property owners of the subject parcels have expressed interest in
redeveloping their properties. Staff cannot comment on any proposed redevelopment
plans as part of this or any map amendment application.
There is currently no active institutional use on any of three parcels. Furthermore,
Staff has found no evidence that there has ever been an institutional use on either RE
00214960.000100 or RE 00214970.000000. Kingdom Hall, a building used by a
congregation of Jehovah's Witnesses, is located on RE 00214960.000000. Although
the parcel is still under the ownership of the Trustees of the Big Pine Key
Congregation of Jehovah's Witnesses Trust, the Kingdom Hall building has been
closed since 2005.
Other than the use of RE 00214960.000000 by the congregation of Jehovah's
Witnesses up until 2005, Staff has found no evidence that any other institutional use
has ever existed on the property.
In a letter to Thomas Willi, Monroe County Administrator, from Dave Koppel,
presiding overseer of the Trustees of the Big Pine Key Congregation of Jehovah's
Witnesses Trust, dated March 14, 2007, it is asserted that the Trust is actively trying
to sell the property and is no longer interested in having a Kingdom Hall on Little
Torch Key. The Trust is interested in constructing a new Kingdom Hall at another
location in the area.
Since there has been no active institutional use on the subject property since 2005 and
the facilitator of the only past institutional use is no longer interested in continuing
any institutional use on the property, Staff has determined that the Applicant has
demonstrated that there has been a changed projection regarding the public service
needs of the institutional use from those on which the boundary was based in which
the BOCC may consider while reviewing the map amendment application.
ii. Changed assumptions (e.g., regarding demographic trends):
Applicant / Staff. None.
iii. Data errors, including errors in mapping, vegetative types and natural features
described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan:
Page 5 of 11
Applicant:
a) The three parcels were given a FLUM designation of INS at a time when only one
property had any institutional use: 1) Jehovah's Witnesses was using an existing
building for a Kingdom Hall. The original use of the building was a
restaurant/bar/residence, then converted to a Kingdom Hall, and currently unoccupied
since 2005. With a religious facility allowed in the existing SC District, there was no
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I need to change the FLUM to INS; 2) Peter Abrahamsen's property included a private
2 residence and should not have had a FLUM change to INS; and 3) Lucky's Landing,
3 Inc. included commercial and residential uses and should not have had a FLUM
4 change to INS.
6 b) The rezoning (FLUM) of these properties could be considered spot zoning in that it
7 does not conform with the surrounding properties, and is in conflict with the existing
8 use of at least two of the three properties affected.
9
10 Staff:
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12 a) Religious activities, such as those carried out by the congregation of Jehovah's
13 Witnesses, are considered institutional uses. As defined in MCC §9.5-4 (1-4), an
14 institutional use is a use that serves the recreational, religious, educational, cultural or
15 health needs of the community, including educational and scientific research facilities
16 that serve the region and day care and preschool facilities. Staff has found that the
17 FLUM designation of INS was provided to the site in order to protect and preserve
18 the institutional use present on RE 00214960.000000 in 1997 when the future land
19 use maps were adopted.
20
21 In 1997, the existing use of RE 00214960.000000 was a combination of institutional
22 and single-family residential. Staff has determined that this parcel was fittingly
23 assigned the FLUM of INS at that time and that there was no data error. However,
24 Staff has also found and acknowledges that the building in which the institutional use
25 was located in 1997 was originally occupied by commercial retail uses and has been
26 vacant of any active institutional use since 2005.
27
28 In 1997, the existing use of RE 00214960.000100 was single-family residential. No
29 institutional use was present on the parcel in 1997 and the single-family residence
30 was not under the same ownership or directly associated with the institutional use on
31 RE 00214960.00000. Staff has determined that this parcel was assigned the FLUM
32 of INS as a data error.
33
34 In 1997, the existing use of RE 00214970.000000 was a combination of commercial
35 retail and multi -family residential (mobile homes and recreational vehicles). No
36 institutional use was present on the parcel in 1997 and the commercial structures and
37 residences were not under the same ownership or directly associated with the
38 institutional use on RE 00214960.00000. Staff has determined that this parcel was
39 assigned the FLUM of INS as a data error. As a note, only a small southwestern
40 portion of RE 00214970.000000 was designated as INS. The remainder of the parcel
41 was appropriately designated within Mixed Use / Commercial (MC) and Residential
42 High (RH) FLUM categories.
43
44 b) As previously mentioned, Staff has found that the FLUM designation of INS was
45 provided to the site in order to protect and preserve the institutional use present on RE
46 00214960.000000 in 1997 when the future land use maps were adopted.
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2 iv. New issues:
3
4 Applicant:
5
6 a) Knowledge of the zoning change to INS was not known by any of the property
7 owners until recently deciding to sell and/or redevelop their properties. Though the
8 FLUM designation may have been advertised when instituted, there was no posting of
9 the properties or notification to the land owners, and no reason for concern about their
10 properties being changed from the existing use.
11
12 b) The existing Kingdom Hall on the Jehovah's Witnesses property, as well as
13 commercial/residential buildings on the Peter Abrahamsen and Lucky's Landing, Inc.
14 properties have been damaged during the past years hurricanes. The Kingdom Hall
15 must be demolished and there is no intent to rebuild a religious facility. All buildings
16 need to be replaced and/or redeveloped with structures meeting current flood zone
17 and building codes. Maintaining the existing commercial zoning for these properties
18 will allow maximum benefit of the existing ROGO and NROGO exempt and rightful
19 use. This will in turn benefit the neighborhood with newer and more appealing
20 structures and uses, as well as provide additional tax revenue to Monroe County.
21
22 Staff:
23
24 a) The future land use maps were approved though an open planning process and
25 were adopted at an advertised, public meeting of the BOCC. In addition, information
26 concerning land uses which may or may not be permitted on a given property may be
27 obtained from the Planning & Environmental Resources Department at any time.
28
29 No "existing use" was changed in 1997 with the adoption of the future land use maps.
30 The future land use maps are associated with the Year 2010 Comprehensive Plan and
31 are intended to regulate future development and redevelopment to maintain the
32 character of the community and protect the natural resources by providing for the
33 compatible distribution of land uses. As a component of the comprehensive plan,
34 which supersedes the land development regulations, the FLUM designation of INS
35 serves as overlay to and does not replace the land use district designation of SC.
36
37 b) According to the property record card, the building in which the Kingdom Hall
38 was established was constructed in 1958. However, the building was not initially
39 constructed to serve a religious or institutional use. According to a warranty deed, the
40 Trustees of the Big Pine Key Congregation of Jehovah's Witnesses Trust purchased
41 the property in 1989 from Fantasyland Acres, Inc. Prior to 1989, Monroe County
42 building permits refer to the building as serving a commercial uses, including Little
43 Torch Tavern in the 1970s. Staff found no building permits prior to 1989 referring to
44 a religious or other institutional use.
45
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1
2
3
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5
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There has been no active institutional use on the subject property since 2005 and the
facilitator of the past institutional use is no longer interested in continuing any
institutional use on the property. Staff has determined that this is a new issue in
which the BOCC may consider while reviewing the map amendment application.
v. Recognition of a need for additional detail or comprehensiveness:
Applicant Staff: None.
vi. Data updates:
Applicant Staff: None.
C. Consistency with the Principles for Guiding Development in the Florida Keys Area of
Critical State Concern:
Staff has determined that the proposed map amendment is consistent with the Principles
for Guiding Development as a whole and is not inconsistent with any principle.
D. Impact on Community Character:
The community character of the area is derived mixture of uses, primarily residential and
commercial.
The subject property is currently within a Sub Urban Commercial (SC) District. A
portion of RE 00214970.000000 to the East (not part of this application) is within a Sub
Urban Commercial (SC) District and has a FLUM designation of Mixed Use
Commercial (MC); a portion of RE 00214970.000000 (not part of this application) to the
North is within an Urban Residential (UR) District and has a FLUM designation of
Residential High (RH); an adjacent property to the West, across Barry Avenue, is within
a Native Area (NA) District and has a FLUM designation of Residential Conservation
(RC); and an adjacent property to the South, across US 1, is within a Sub Urban
Commercial (SC) District and has a FLUM designation of Mixed Use / Commercial
(MC)..
The Applicant is not requesting a land use district amendment. Therefore, no new uses,
other than those currently prohibited by the superseding purpose, density and intensity
policies of the INS future land use category, would be permitted as a result of the
proposed amendment to a MC future land use category. In addition, if the proposed
amendment is adopted, the property would be within the same land use district (SC) and
future land use category (MC) as the portion of RE 00214970.000000 to the East and the
adjacent property to the South.
As a note, institutional uses may be permitted in the SC District and are consistent with
the purpose of the MC future land use category. Therefore, the property could continue
Page 8 of 11
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Four LLC Little Torch FLUM Map Amendment BOCC SR.doc
I
having institutional use on the property or return an institutional use to the property in the
2
future.
3
4
Therefore, Staff has found that the proposed amendment would not result in a change in
5
community character. There is no evidence to indicate that the proposed amendment
6
would result in a development that is detrimental to the immediate area or any
7
surrounding property.
8
9
VI FINDINGS OF FACT
10
11
1.
The existing land use district designation of the subject property is Sub Urban
12
Commercial (SC). Pursuant to §9.5-206 of the Monroe County Code, the purpose of the
13
SC District is to establish areas for commercial uses designed and intended primarily to
14
serve the needs of the immediate planning area in which they are located. This district
15
should be established at locations convenient and accessible to residential areas without
16
use of US 1.
17
18
2.
The proposed Future Land Use Map (FLUM) designation of the subject property is
19
Mixed Use / Commercial (MC). Policy 101.4.5 of the Monroe County Year 2010
20
Comprehensive Plan states that the principal purpose of the Mixed Use / Commercial
21
(MC) land use category is to provide for the establishment of commercial zoning districts
22
where various types of commercial retail and office may be permitted at intensities which
23
are consistent with the community character and the natural environment. Employee
24
housing and commercial apartments are also permitted. This land use category is also
25
intended to allow for the establishment of mixed use development patterns, where
26
appropriate. Various types of residential and non-residential uses may be permitted;
27
however, heavy industrial uses and similarly incompatible uses shall be prohibited.
28
29
3.
§9.5-511(a) of the Monroe County Code maintains that map amendments are not
30
intended to relieve particular hardships, nor to confer special privileges or rights on any
31
person, nor to permit a change in community character, as analyzed in Monroe County
32
Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of
33
changed conditions.
34
35
4.
Pursuant to §9.5-511(d)(5)b of the Monroe County Code, the Monroe County Board of
36
County Commissioners may consider the adoption of an ordinance enacting the proposed
37
change based on one (1) or more of the following factors: (i) Changed projections (e.g.,
38
regarding public service needs) from those on which the text or boundary was based; (ii)
39
Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including
40
errors in mapping, vegetative types and natural features described in volume 1 of the
41
plan; (iv) New issues; (v) Recognition of a need for additional detail or
42
comprehensiveness; or (vi) Data updates.
43
44
5.
Map amendments shall be consistent with the Principles for Guiding Development in the
45
Florida Keys Area of Critical State Concern.
46
Page 9 of 11 Reviewed by
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1 VII CONCLUSIONS OF LAW
2
3 1. The proposed map amendment is consistent with the provisions and intent of the Monroe
4 County Year 2010 Comprehensive Plan:
5
6 a. The existing uses of the subject property are consistent with the purpose of the
7 proposed Mixed Use 1 Commercial (MC) Future Land Use Map (FLUM)
8 designation, as set forth in Policy 101.4.5 of the Monroe County Year 2010
9 Comprehensive Plan.
10
11 b. The proposed Future Land Use Map (FLUM) designation of Mixed Use
12 Commercial (MC) corresponds to the existing land use district designation of
13 Sub Urban Commercial (SQ.
14
15 2. The proposed map amendment is consistent with the provisions and intent of Chapter 9.5
16 of the Monroe County Code:
17
18 a. The existing uses of the property are consistent with the purpose of the Sub
19 Urban Commercial (SC) District designation, as set forth in §9.5-206 of the
20 Monroe County Code.
21
22 b. The existing uses of the property are permitted uses in the Sub Urban
23 Commercial (SC) District, as set forth in §9.5-235 of the Monroe County
24 Code.
25
26 c. The existing land use district designation of Sub Urban Commercial (SC)
27 corresponds to the proposed Future Land Use Map (FLUM) designation of
28 Mixed Use / Commercial (MC).
29
30 3. The proposed map amendment shall not relieve particular hardships, nor confer special
31 privileges or rights on any person, nor permit a change in community character, as
32 analyzed in the Monroe County Year 2010 Comprehensive Plan as directed by §9.5-
33 511(a) of the Monroe County Code.
34
35 4. As a whole, the proposed map amendment meets two (2) of the factors set forth in §9.5-
36 511(d)(5)b of the Monroe County Code: (i) Changed projections (e.g., regarding public
37 service needs) from those on which the text or boundary was based and (iv) New issues.
38
39 5. In part, the proposed map amendment meets one (1) additional factor set forth in §9.5-
40 511(d)(5)b of the Monroe County Code: (iii) Data errors, including errors in mapping,
41 vegetative types and natural features described in volume 1 of the plan.
42
43 In 1997, the existing use of RE 00214960.000000 was a combination of institutional and
44 single-family residential. Staff has determined that this parcel was fittingly assigned the
45 Future Land Use Map (FLUM) designation of Institutional (INS) at that time and that
46 there was no data error.
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However, in 1997, the existing use of RE 00214960.000100 was single-family residential
and the existing use of RE 00214970.000000 was a combination of commercial retail and
multi -family residential (mobile homes and recreational vehicles). No institutional use
was present on the parcels and the commercial structures and residences were not under
the same ownership or associated with the institutional use on RE 00214960.00000. Staff
has determined that these parcels were assigned the Future Land Use Map (FLUM)
designation of Institutional (INS) as a data error.
6. The proposed map amendment is consistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern.
VIII RECOMMENDATION
Staff recommends APPROVAL to the Planning Commission and Board of County
Commissioners
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Four LLC Little Torch FLUM. Map Amendment BOCC SR,doc
PLANNING COMMISSION
RESOLUTION NO. P01-08
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. POI-08
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD
OF COUNTY COMMISSIONERS OF A REQUEST BY CROWN
FOUR, LLC, ON BEHALF OF THE TRUSTEES OF THE BIG PINE
KEY CONGREGATION OF JEHOVAH'S WITNESSES TRUST,
PETER ABRAHAMSEN & LUCKY'S LANDING INC, TO AMEND
THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM
INSTITUTIONAL (INS) TO MIXED USE / COMMERCIAL (MC)
OF PROPERTY LEGALLY DESCRIBED AS LOT 1, PART LOT 2 &
PART STATE ROAD NO. 5, BARRY BEACH, LITTLE TORCH
KEY, PB2-127, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS 00214960.000000 & 00214960.000100 & PART
OF 00214970.000000.
WHEREAS, during a regularly scheduled public meeting held on February 19,
2008, the Monroe County Planning Commission conducted a review and consideration of
a request fled by Crown Four, LLC, on behalf of the Trustees of the Big Pine Key
Congregation of Jehovah's Witnesses Trust, Peter Abrahamsen and Lucky's Landing
Inc., to amend the subject property's Future Land Use Map (FLUM) designation from
Institutional (INS) to Mixed Use / Commercial (MC) in accordance with Policy 101.4.5
of the Monroe County Year 2010 Comprehensive Plan and §9.5-511 of the Monroe
County Code; and
WHEREAS, the subject property is located to the Northeast of the intersection of
US Highway 1 (Overseas Highway) and Barry Avenue on Little Torch Key, approximate
Mile Marker 28.5, and is legally described as Lot 1, Part Lot 2 & Part State Road No. 5,
Barry Beach, Little Torch Key, PB2-127, Monroe County, Florida, having Real Estate
Numbers 00214960.000000 & 00214960. 000 100 & Part of 00214970.000000; and
WHEREAS, the Planning Commission reviewed the following documents and
other information relevant to the request:
1. Map amendment application received by the Monroe County Planning &
Environmental Resources Department on November 1, 2007; and
2. Boundary Survey by J. Lynn O'Flynn, Inc., dated November 14, 2006; and
Resolution No. PO1-08
File No. M27091 Page I of 4
3. Staff report prepared by Joseph Haberman, Monroe County Principal Planner,
dated January 28, 2008; and
4. Development Review Committee Resolution No. DO1-08; and
5. Sworn testimony of Monroe County Planning & Environmental Resources
Department Staff, and
6. Sworn testimony of the general public; and
7. Advice of Bob Tischenkel, acting Planning Commission counsel; and
WHEREAS, based upon the information and documentation submitted, the
Planning Commission makes the following Findings of Fact:
1. The existing land use district designation of the subject property is Sub Urban
Commercial (SC). Pursuant to §9.5-206 of the Monroe County Code, the
purpose of the SC District is to establish areas for commercial uses designed
and intended primarily to serve the needs of the immediate planning area in
which they are located. This district should be established at locations
convenient and accessible to residential areas without use of US 1.
2. The proposed Future Land Use Map (FLUM) designation of the subject
property is Mixed Use / Commercial (MC). Policy 101.4.5 of the Monroe
County Year 2010 Comprehensive Plan states that the principal purpose of the
Mixed Use / Commercial (MC) 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.
Employee housing and commercial apartments are also permitted. This land
use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and
non-residential uses may be permitted; however, heavy industrial uses and
similarly incompatible uses shall be prohibited.
3. §9.5-511(a) of the Monroe County Code maintains that map amendments are
not intended to relieve particular hardships, nor to confer special privileges or
rights on any person, nor to permit a change in community character, as
analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make
necessary adjustments in light of changed conditions.
4. Pursuant to §9.5-511(d)(5)b of the Monroe County Code, the Monroe County
Board of County Commissioners may consider the adoption of an ordinance
enacting the proposed change based on one (1) or more of the following
factors: (i) Changed projections (e.g., regarding public service needs) from
those on which the text or boundary was based; (ii) Changed assumptions
(e.g., regarding demographic trends); (iii) Data errors, including errors in
mapping, vegetative types and natural features described in volume 1 of the
plan; (iv) New issues; (v) Recognition of a need for additional detail or
comprehensiveness; or (vi) Data updates.
Resolution No. P01-08
File No. M27091 Page 2 of 4
5. Map amendments shall be consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern.
WHEREAS, the Planning Commission makes the following Conclusions of Law:
1. The proposed map amendment is consistent with the provisions and intent of
the Monroe County Year 2010 Comprehensive Plan:
a. The existing uses of the subject property are consistent with the purpose of
the proposed Mixed Use / Commercial (MC) Future Land Use Map
(FLUM) designation, as set forth in Policy 101.4.5 of the Monroe County
Year 2010 Comprehensive Plan.
b. The proposed Future Land Use Map (FLUM) designation of Mixed Use /
Commercial (MC) corresponds to the existing land use district designation
of Sub Urban Commercial (SQ.
2. The proposed map amendment is consistent with the provisions and intent of
Chapter 9.5 of the Monroe County Code:
a. The existing uses of the property are consistent with the purpose of the
Sub Urban Commercial (SC) District designation, as set forth in §9.5-206
of the Monroe County Code.
b. The existing uses of the property are permitted uses in the Sub Urban
Commercial (SC) District, as set forth in §9.5-235 of the Monroe County
Code.
c. The existing land use district designation of Sub Urban Commercial (SC)
corresponds to the proposed Future Land Use Map (FLUM) designation of
Mixed Use / Commercial (MC).
3. The proposed map amendment shall not relieve particular hardships, nor
confer special privileges or rights on any person, nor permit a change in
community character, as analyzed in the Monroe County Year 2010
Comprehensive Plan as directed by §9.5-511(a) of the Monroe County Code.
4. As a whole, the proposed map amendment meets two (2) of the factors set
forth in §9.5-511(d)(5)b of the Monroe County Code: (i) Changed projections
(e.g., regarding public service needs) from those on which the text or
boundary was based and (iv) New issues.
5. In part, the proposed map amendment meets one (1) additional factor set forth
in §9.5-511(d)(5)b of the Monroe County Code: (iii) Data errors, including
Resolution No. PO1-09
File No. M27091 Page 3 of
errors in mapping, vegetative types and natural features described in volume 1
of the plan.
6. The proposed map amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern.
WHEREAS, Planning & Environmental Resources Department Staff have found
that all of the required standards shall be met and recommended approval of the
application; and
WHEREAS, the Planning Commission has duly considered the recommendation
of Staff and the information and documentation submitted by the Applicant; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to RECOMMEND APPROVAL to
the Board of County Commissioners of the request by Crown Four, LLC, on behalf of the
Trustees of the Big Pine Key Congregation of Jehovah's Witnesses Trust, Peter
Abrahamsen & Lucky's Landing Inc, to amend the Future Land Use Map (FLUM)
designation from Institutional (MS) to Mixed Use / Commercial (MC) of property legally
described as Lot 1, Part Lot 2 & Part State Road No. 5, Barry Beach, Little Torch Key,
PB2-127, Monroe County, Florida, having Real Estate Numbers 00214960.000000 &
00214960.000100 & Part of 00214970.000000.
PASSED AND ADOPTED BY THE PLANNING COMMISION of
Monroe County, Florida, at a regular meeting held on the 19'h day of
February, 2008.
Chair Wall YES
Vice -Chair Cameron YES
Commissioner .ridle YES
Commissione rston YES
PLANNING COMfJISS)PAOF MONROE CO Y, FLORIDA
M
Signed this /per day of _A"Iguw 92008.
AMOVED A5 TO FORM
AND
BY
Attorndv's OEM*
Resolution No. P01-0$
File No. M27091 Page 4 of 4
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. DO 1-08
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. DOI-08
A RESOLUTION RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION AND BOARD OF
COUNTY COMMISSIONERS OF A REQUEST BY CROWN FOUR,
LLC, ON BEHALF OF THE TRUS'rEES OF THE BIG PINE KEY
CONGREGATION OF JEHOVAH'S WITNESSES TRUST, PETER
ABRA14AMSEN & LUCKY'S LANDING INC, TO AMEND THE
FUTURE LAND USE MAP (FLUM) DESIGNATION FROM
INSTITUTIONAL (INS) TO MIXED USE/ COMMERCIAL (MC)
OF PROPERTY LEGALLY DESCRIBED AS LOT 1, PART LOT 2 &
PART STATE ROAD NO. 5, BARRY BEACH, LITTLE TORCH
KEY, P132-127, MONROE COUNTY, FLORIDA, HAVING REAL
ESTATE NUMBERS 00214960.000000 & 00214960.000100 & PART
OF 00214970.000000.
WHEREAS, during a regularly scheduled meeting held on January 7, 2008, the
Development Review Committee of Monroe County conducted a review and
consideration of the request by Crown Four, LLC, on behalf of the Trustees of the Big
Pine Key Congregation of Jehovah's Witnesses Trust, Peter Abrahamsen and Lucky's
Landing Inc., to amend the subject property's Future Land Use Map (FLUM) designation
from Institutional (INS) to Mixed Use / Commercial (MC) in accordance with Policy
101.4.5 of the Monroe County Year 2010 Comprehensive Plan and §9.5-511 of the
Monroe County Code; and
WHEREAS, the subject property is located to the Northeast of the intersection of
US Highway 1 (Overseas Highway) and Barry Avenue on Little Torch Key, approximate
Mile Marker 28.5, and is legally described as Lot 1, Part Lot 2 &: Part State Road No. 5,
Barry Beach, Little Torch Key, PB2-127, Monroe County, Florida, having Real Estate
Numbers 00214960.000000 & 00214960.000100 & Part of 00214970.000000; and
WHEREAS, the Development Review Committee reviewed the following
documents and other information relevant to the request:
1. Map amendment application received by the Monroe County Planning &
Environmental Resources Department on November 1.2007; and
Resolution No. DO1-08
File No. M27091
Page 1 of 4
Initials_!
2. Boundary Survey by J. Lynn O'Flynn, Inc., dated November 14.2006; and
3. Staff report prepared by Joseph Haberman, Monroe County Senior Planner,
dated December 24, 2007; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee made the following Findings of Fact:
The existing land use district designation of the subject property is Sub Urban
Commercial (SC). Pursuant to §9.5-206 of the Monroe County Code. the
purpose of the SC District is to establish areas for commercial uses designed
and intended primarily to serve the needs of the immediate planning area in
which they are located. This district should be established at locations
convenient and accessible to residential areas without use of US 1.
2. The proposed Future Land Use Map (FLUM) designation of the subject
property is Mixed Use / Commercial (MC). Policy 101.4.5 of the Monroe
County Year 2010 Comprehensive Plan states that the principal purpose of the
Mixed Use / Commercial (MC) 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.
Employee housing and commercial apartments are also permitted. This land
use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and
non-residential uses may be permitted; however, heavy industrial uses and
similarly incompatible uses shall be, prohibited.
3. §9.5-511(a) of the Monroe County Code maintains that map amendments are
not intended to relieve particular hardships, nor to confer special privileges or
rights on any person, nor to permit a change in community character, as
analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make
necessary adjustments in light of changed conditions.
4. Pursuant to §9.5-51 l (d)(5)b of the Monroe County Code, the Monroe County
Board of County Commissioners may consider the adoption of an ordinance
enacting the proposed change based on one (1) or more of the following
factors: (i) Changed projections (e.g., regarding public service needs) from
those on which the text or boundary was based; (ii) Changed assumptions
(e.g., regarding demographic trends); (iii) Data errors, including errors in
mapping, vegetative types and natural features described in volume I of the
plan; (iv) New issues; (v) Recognition of a need for additional detail or
comprehensiveness; or (vi) Data updates.
5. Map amendments shall be consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern.
Resolution No. D01-08
File No. M27091
Page 2 of 4
Initials
WHEREAS, the Development Review Committee made the following
Conclusions of Law:
1. The proposed map amendment is consistent with the provisions and intent of
the Monroe County Year 2010 Comprehensive Plan:
a. The existing uses of the subject property are consistent with the purpose of
the proposed Mixed Use ;' Commercial (MC) Future Land Use Map
(FLUM) designation, as set forth in Policy 101.4.5 of the Monroe County
Year 2010 Comprehensive Plan.
b. The proposed Future Land Use Map (FLUM) designation of Mixed Use /
Commercial (MC) corresponds to the existing land use district designation
of Sub Urban Commercial (SC).
2. The proposed map amendment is consistent with the provisions and intent of
Chapter 9.5 of the Monroe County Code:
a. The existing uses of the property are consistent with the purpose of the
Sub Urban Commercial (SC) District designation, as set forth in §9.5-206
of the Monroe County Code.
b. The existing uses of the property are permitted uses in the Sub Urban
Commercial (SC) District, as set forth in §9.5-235 of the Monroe County
Code.
c. The existing land use district designation of Sub Urban Commercial (SC)
corresponds to the proposed Future Land Use Map (FLUM) designation of
Mixed Use / Commercial (MC).
The proposed map amendment shall not relieve particular hardships, nor
confer special privileges or rights on any person, nor permit a change in
community character, as analyzed in the Monroe County Year 2010
Comprehensive Plan as directed by §9.5-511(a) of the Monroe County Code.
4. As a whole, the proposed map amendment meets two (2) of the factors set
forth in §9.5-511(d)(5)b of the Monroe County Code: (i) Changed projections
(e.g., regarding public service needs) from those on which the text or
boundary was based and (iv) New issues.
5. In part, the proposed map amendment meets one (1) additional factor set forth
in §9.5-511(d)(5)b of the Monroe County Code: (iii) Data errors, including
errors in mapping, vegetative types and natural features described in volume 1
of the plan.
Resolution No. DO1-09
File No. M27091
Page 3 of 4
Initials
6. The proposed map amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern.
WHEREAS, Staff recommended approval to the Development Review
Committee and the Director of Planning & Environmental Resources of the map
amendment application; and
WHEREAS, the Director of Planning & Environmental Resources has duly
considered the recommendation of Staff and the information and documentation submitted
by the Applicant; and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT
REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA that the preceding
Findings of Fact and Conclusions of Law support the decision to RECOMMEND
APPROVAL to the Monroe County Planning Commission and Board of County
Commissioners of the request by Crown Four, LLC, on behalf of the Trustees of the Big
Pine Key Congregation of Jehovah's Witnesses Trust, Peter Abrahamsen & Lucky's
Landing Inc, to amend the Future Land Use Map (FLUM) designation from Institutional
(INS) to Mixed Use / Commercial (MC) of property legally described as Lot 1, Part Lot 2
& Part State Road No. 5, Barry Beach, Little Torch Key, PB2-127, Monroe County,
Florida, having Real Estate Numbers 00214960.000000 & 00214960.000100 & Part of
00214970.000000.
Date /�
Acting Sr. Director of Planning & Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Townley Schwab, to me known to be the person described in and who executed
the foregoing instrument and she acknowledged before me the she executed the same.
rX
WITNESS my hand and official seal in the County and State last aforesaid this SO day
of t�i4iafca , 2008.
Resolution No. DOl-08
File No. M27091
NOTARY PUBLIC, STATE OF FLORIDA
Initials
Page 4 of 4