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Item A6BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 23, 2008 Bulls Item: Yes No X AGENDA ITEM WORDING: Division: Growth Management Department: Planning & Environmental. Resource Staff Contact Person: Joseph Haberman, Principal Planner A public hearing to consider transmittal of a resolution to the Department of Community Affairs at the request of the Dancing Bear Properties LLC proposing to amend the subject property's Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed Use Commercial (MC). ITEM BACKGROUND: The Planning Commission held a public hearing in Marathon on January 8, 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. PREVIOUS RELEVANT COMMISSION ACTION: This item was continued by the BOCC at the March 19, 2008 meeting. CONTRACT/AGREEMENT CHANGES: N/A 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 # BOCC 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 DANCING BEAR PROPERTIES LLC TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS SEASIDE PB1-97 KEY LARGO PT LOT 22 SQR 1 & RE -SUB SEASIDE PB2-10 KEY LARGO PT SQR 4 PB2-10 A/K/A LOTS 1 & 2 SQR 4 PB1-97 & BAY BTM ADJ TO LOTS 1 & 2 & PT GOV LOT 4 ADJ OCEAN VIEW BLVD SEASIDE PB1-97 & PB2-10, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00491690.000000, 00491700.000000 & 00492290.000000. 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 (1st) set 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 regular meeting held on the 23rd day of May, 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 M Mayor McCoy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK BOCC ORDINANCE ORDINANCE NO. -2008 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY DANCING BEAR PROPERTIES LLC TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE / COMMERCIAL (MC) OF PROPERTY LEGALLY DESCRIBED AS SEASIDE PBI-97 KEY LARGO PT LOT 22 SQR 1 & RE - SUB SEASIDE P132-10 KEY LARGO PT SQR 4 PB2-10 A/K/A LOTS 1 & 2 SQR 4 PB1-97 & BAY BTM ADJ TO LOTS 1 & 2 & PT GOV LOT 4 ADJ OCEAN VIEW BLVD SEASIDE PB1-97 & P132-10, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00491690.000000, 00491700.000000 & 00492290.000000. 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 Owen Trepanier & Associates, on behalf of Dancing Bear Properties LLC, to amend the subject property's Future Land Use Map (FLUM) designation from Residential Medium (RM) 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 at 139 Seaside Avenue, Key Largo, approximate Mile Marker 94.5, and is legally described as SEASIDE PB1-97 KEY LARGO PT LOT 22 SQR 1 & RE -SUB SEASIDE P132-10 KEY LARGO PT SQR 4 P132-10 A/K/A LOTS 1 & 2 SQR 4 PB 1-97 & BAY BTM ADJ TO LOTS 1 & 2 & PT GOV LOT 4 ADJ OCEAN VIEW BLVD SEASIDE PB1-97 & PB2-10, Monroe County, Florida, having Real Estate Numbers 00491690.000000, 00491700,000000 & 00492290.000000; and WHEREAS, in the map amendment application to the Planning & Environmental Resources Department, received October 3, 2007, the Applicant initially requested that the Future Land Use Map (FLUM) designations of seven (7) parcels, identified as Real Estate Numbers 00491590.000000, 00491600.000000, 00491610.000000, 00491690.000000, 00491700.000000, 00491760.000000 & 00492290.000000, be amended from Residential Medium (RM) to Mixed Use Commercial (MC); and WHEREAS, following the application being heard by the Development Review Committee on December 4, 2007, in a letter to the Planning & Environmental Resources Department, received January 3, 2008, the Applicant followed Staffs' recommendation and requested that four (4) of the seven (7) parcels, identified as Real Estate Numbers 00491590.000000, 00491600.000000, 00491610.000000 & 00491760.000000, be withdrawn from consideration and thereby removed from the application; and WHEREAS, based upon the information and documentation submitted, the board of county commissioners makes the following findings of fact: 1. 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; and 2. The proposed 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; and 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; and 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; and 5. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The 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; and b. The Future Land Use Map (FLUM) designation of Mixed Use Commercial (MC) corresponds to the proposed land use district designation of Sub Urban Commercial (SC); and 2. The 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; and 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; and c. The proposed land use district designation of Sub Urban Commercial (SC) corresponds to the proposed Future Land Use Map (FLUM) designation of Mixed Use / Commercial (MC); and 3. The 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; and 4. The map amendment meets four (4) 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; (ii) Changed assumptions (e.g., regarding demographic trends); (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates; and 5. The map amendment is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and 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 January S, 2007 and based on the facts presented at the meeting, the Planning Commission recommended approval of the request; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section I. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently designated Residential Medium (RM) 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. (This area has been intentionally left blank) 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 (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor McCoy IMONROE COUNTY ATTORNEY PP VEO A8 TO f0 M Exhibit 1 to Ordinance# -2008 0 100491700-000000 )00 :Z/ IN, X 00491690-0000001, 00492290-000000 The Monroe County Future Land Use District Map is amended as indicated above. RE 00491700-000000, RE 00491690-000000 and portion of RE 00492290-000000 - N Change Future Land Use Map Designation from Residential Medium (RIVI) to A Mixed Use/Commercial (MC). e4- .. tR � . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Planning Commission & Monroe County Board of County Commissioners From: Heaven Handley, Planner Through: Townsley Schwab, Acting Sr. Director of Planning & Environmental Resources Date: December 17, 2007 Subject: Request for an Amendment to the Land Use District Map do Future Land Use Map 139 Seaside Avenue, Key Largo, Mile Marker 94.5, Real Estate Numbers 00491590.000000, 00491600.000000, 00491610.000000, 00491690.000000, 00491700.000000, 00491760.000000 & 00492290.000000 Meeting: May 23, 2008 I MEETING DATE: May 23, 2008 II REQUEST: A. Proposal: The applicant is requesting that a developed site located at 139 Seaside Ave, Key Largo be changed from land -use designation (LUD) Improved Subdivision (1S) to Sub -Urban Commercial (SC). The request also includes a future land use map (FLUM) change from Residential Medium (RM) to Mixed Use Commercial (MC). The applicant owns seven (7) parcels located in two (2) subdivisions. Of the seven (7) parcels, only one (1) has a LUD of SC with a FLUM of MC. Five of the six parcels have an LUD of IS with a FLUM of RM, and one has a split LUD between IS & SC, with a split FLUM of RM & MC. This request is to designate all parcels as SC with a FLUM of MC in order to allow for cohesive redevelopment of all parcels and to bring the existing uses into compliance. B. Location: 1. Island & Mile Marker: Key Largo, MM 94.5 2. Address: 139 Seaside Ave, Key Largo 3. Legal Description: Block 1 Lots 4, 5, 6 Seaside PB 1-97, & Re -Sub Seaside P132-10, Key Largo Page 1 of 17 Reviewed by 1 4. RE Number (s): 00491590.000000, 00491600.000000, 2 00491610.000000, 00491690.000000, 00491700.000000, 3 00491760.000000, and 00492290.000000 4 5 C. Applicant: 6 1. Owner: Howard & Linda Kolbenheyer 7 2. Agent: Owen Trepanier & Associates, Inc. 8 9 1I1 PROCESS: 10 11 Pursuant to Monroe County Code (MCC) §9.5-511(d), an applicant must present 12 a request to the Development Review Committee (DRC), Planning Commission 13 (PC) and Board of County Commissioners (BOCC). As this request requires a 14 Comprehensive Plan amendment, there will be transmittal to the State for 15 approval of an amendment to the Comprehensive Plan. The PC meeting shall be 16 in Marathon, and BOCC meetings shall be in Marathon or Key Largo. 17 18 19 IV PRIOR COUNTY ACTIONS: 20 21 In 1974, the BOCC changed the designation of REs 00491590.000000, 22 00491600.000000 and 00491610.000000 from RU-1 to BU-2 over the objection of 23 the Zoning Board. This change allowed for the subject properties to be used 24 commercially, with the inclusion of parking for the restaurant. 25 26 In 1980, these same three parcels (REs 00491590.000000, 00491600.000000 and 27 00491610.000000) were changed from BU-2 back to RU-1 along with changing a 28 portion of RE 00492290.000000 from BU-2 to RU-1. Records indicate that this "roll 29 back" was sponsored by the Monroe County Planning & Zoning department because 30 no construction, other than pilings, had occurred since the change was approved in 31 1974. 32 33 In 1986, the parcels designated as RU-1 were given the LUD of IS along with the 34 FLUM of RM. 35 36 In 2001, the applicant applied for a land use map change from IS to SC and a Future 37 Land Use Map (FLUM) change from Residential Medium (RM) to Mixed Use 38 Commercial (MC). On February 19, 2002, the Development Review Committee 39 recommended denial of these changes to the Planning Commission in D.O. 02-02 40 (FLUM) and D.O. 03-02 (LUD). On February 27, the Planning Commission 41 recommended denial of these changes to the BOCC in P56-02 (FLUM) and P57-02 42 (LUD). This item was heard at the BOCC meetings in August and September of 43 2002. At the September 11, 2002 meeting, the attorney for the applicant requested 44 that the item be continued. Staff cannot find record of this item being heard at a 45 subsequent BOCC meeting. Page 2 of 17 C:1Documents and Settings'.tezanos-mayra\Local Settings :Temporary Internet Files\OLK13B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: 1 2 3 4 5 6 7 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 In 2005, the BOCC adopted the Tavernier Livable CommuniKeys Plan (TLCP) as part of the Monroe County Master Plan. This plan was tailored to specifically address the needs and concerns of Tavernier including the area up to mile marker 97. The restaurant located on the subject property is mentioned in the Tavernier Livable Communikeys Plan as a community asset to be preserved. V BACKGROUND INFORMATION: A. B. C. D. E. F. G. H. Existing Land Use District: Improved Subdivision (IS) Existing Future Land Use Designation: Residential Medium (RM) Proposed Land Use District: Suburban Commercial (SC) Proposed Future Land Use Designation: Mixed Use Commercial (MC) Proposed Tier Designation: Tier III, infill area Size of Site: 2.34 acres or 101,778 SF, plus 0.63 acres of bay bottom Land Use and Habitat from 1985 Aerials: 740, disturbed Existing Vegetation / Habitat: Scarified developed I. Community Character of Immediate Vicinity: The parcel with the Real Estate Number 00492290.000000 has three commercial structures on the parcel. These structures consist of a restaurant, office, two (2) bars, four (4) transient units, and a marina. The surrounding uses are predominately residential. Four (4) of the parcels are adjacent to U.S. 1, and have neighboring commercial development. One of the parcels faces "Seaside Road", which is parallel to U.S. Hwy 1. The restaurant can be seen from "Oceanview Road", which is accessed from U.S. Hwy 1. VI REVIEW OF APPLICATION: A. Land Use and Zoning History: (1) Pre-1986 Zoning: Page 3 of 17 C:1Documents and Settings'.tezanos-mayra'..Local Settings Temporary Internet Files\OLK I 3BU0080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: 1 2 The Seaside Subdivision's pre-1986 zoning was primarily Single Family 3 Residential (RU-1). The parcel with the Real Estate Number 00491600.000000 4 was zoned as Medium Intensity Business District (BU-2). The exception is the 5 parcel with the Real Estate Number 00492290.000000, which was partially 6 zoned as Single Family Residential (RU-1) and partially zoned as Multi Family 7 Residential (RU-3). 8 9 Prior to 1974, five (5) of the parcels in this area received the zoning designation 10 of Medium Intensity Business District (BU-2), which allowed parking as a 11 principle or accessory use. 12 13 (2) Considerations during the 2010 Comprehensive Plan Process: 14 15 The land use designation of the Seaside Subdivision was converted from RU-1 16 to Improved Subdivision (IS) in 1986 with the adoption of the current Land 17 Development Regulations (LDRs). Most of the properties were given the 18 Future land Use Map (FLUM) designation of Residential Medium (RM) in 1992 19 when the 2010 FLUM was adopted. 20 21 MCC Section 9.5-213 states that the purpose of the Improved Subdivision 22 District (IS) is to accommodate the legally vested residential development rights 23 of owners of lots in subdivisions that were lawfully established and improved 24 prior to the adoption of the LDRs. 25 26 (3) Boundary Changes since 1986: 27 28 There have been no boundary changes since 1986. 29 30 B. Analysis and Rationale for Change: 31 32 The applicant asserts that Snapper's Restaurant has existed on site since the early 33 1960's and has been known as "Snapper's" since 1986. "Snapper's" is widely 34 known as a "locals" hangout. It serves the needs of the local community by 35 providing waterfront access, catering to recreational and boating needs, and by 36 functioning as a neighborhood meeting spot. The applicant asserts that this map 37 amendment should be considered on the basis of its reference in the Tavernier 38 Livable Communikeys Plan (TLCP), and because the surrounding developments 39 (including neighboring properties' land use changes) demonstrate trends of mixed 40 use development with a "neighborhood" quality. 41 42 The applicant asserts common ownership of the subject parcels, and their 43 related uses (for Snapper's Restaurant, associated parking and signage) as 44 rational for consideration of this map amendment in a single application, 45 including the four (4) parcels along US-1. Page 4 of 17 C:1Documents and Settings'-.tezanos-mayra' Local Settings Temporary Internet Files\OLK 13B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Pursuant to Sec. 9.5-511(d) (5) (b) of the Monroe County Code (MCC), the Board of County Commissioners may consider the adopting an ordinance to enact map amendments based on one or more of the following factors: (1) Changed Projections: 1. Applicant: The projection in the TLCP are very different from the projections made in the prior Monroe County Comprehensive Plan which was based on the 1980 census data and predicted an increase in future population throughout the County. The TLCP identified a number of responses to these new demographic trends and these responses, in turn, were incorporated into the twelve goals of the TLCP. These responses and goals were rooted in a need to protect and enhance the local community life while reducing or mitigating the effect on scarce environmental resources. The authors of the TLCP also recognized that directing growth to Tier III areas and away from Tier II and Tier I areas was one way of achieving such goals. By enhancing the quality of life for local communities, and protecting the existing local economic resources, the TLCP authors realized that the expansion of single family vacation residences and hotels could be contained and the local environment simultaneously protected. This application for FLUM and zoning re -designation conforms to the new goals of the TLCP, and as set out above, will have the effect of protecting and enhancing local community life while reducing and mitigating any consequences on Monroe County's scare environmental resources. Regarding the four (4) lots along U.S. Hwy 1, the effect of rezoning these four lots on US Highway -One contributes to another expressed goal of Monroe County Ordinances and the Monroe County Comprehensive plan ("MCCP") which is to reduce the potential number of access points onto US Highway One which slow down traffic and can create life -threatening traffic hazards to drivers. See ems. LCMP strategy 9.7, p. 69. From a planning perspective it makes little sense to have residential lots on a busy commercial highway. Children and cars do not mix and should not have been mixed even in the 2010 comprehensive plan. - For reasons unknown to the applicant, the County did not consider the US Highway -One corridor to be a separate planning zone. "Access standards" cannot be applied to land -locked individual lots like three of the applicant's lots in this application. This is because the effect of Page 5 of 17 C:1Documents and Settingsltezanos-mayra' Local Settings'Temporary Internet FileslOLK L 3B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 denying a property owner the right to access US Highway One, where his or her property was land -locked, would be to deny all beneficial use of such property. Such a denial would be subject to judicial challenge on grounds of an unconstitutional taking. Indeed, it is highly unlikely that the County's access standards could be applied to land -locked parcels with residential zoning. Even under the County's own "beneficial use" and "vested rights" provisions of Article VI of the County's Land Development Regulations, it is hard to imagine that such rights could be taken away. See MC Ordinances 9.5-171 through 9.5-184. 2. Staff Staff agrees that there are changed projections which allow staff to recommend this change for the properties with the real estate numbers: 00491700.000000, 00491690.000000, and 00492290.000000. There are some specifics about the applicant's argument which staff does not support regarding the parcels with the real estate numbers: 00491590.000000, 00491600.000000, 00491610.000000, and 00491760.000000. Contrary to prior staffs recommendations for parcels: 00491700.000000, 00491690.000000, and 00492290.000000, Monroe County no longer prohibits changes to map amendments solely on the basis of the potential for additional commercial development if the change is permissible under the CommuniKeys plan for that specific area. Recently, with the adoption of the Tier System, shifts in planning philosophies include the idea that growth can be encouraged along infill areas, provided that they meet the criteria for "neighborhood" communities. This includes the provision of amenities which create a "Walkable Community" and ensure reduced trip generation. Regarding the four (4) lots along U.S. 1, staff agrees that these lots are not the best place in Tavernier to direct single family residential development. The vision for Tavernier in 1986 was very different than the reality of what exists today, and what the community stated they wanted to see in the TLCP. If changed to SC, the lot which currently houses the sign will remain nonconforming. As for the other parcels, while it is important to note the applicant is indicating all parcels will remain under one ownership and a curb cut will not be sought from FDOT, staff reminds the applicant, the Planning Commission and the BOCC that unless the parcels are put under one real estate number, once the LUD is changed, there is no way to prohibit the owner from selling the lots individually and facing the same access problems as exist with the current LUD of IS. For this reason, absent a unity of title to combine the three parcels which border the large IS parcel currently used for parking, reduced trip generation does not apply. It has always been the department's policy to allow a curb cut from US-1 if there is no other access. The Planning Commission and BOCC should also consider the fact that the parcels could be sold individually, access would have to be granted and the result could, in fact, be higher trip generation than leaving the existing LUD of IS. Page 6 of 17 C:1Documents and Settings`.tezanos-mayra-Local Setlings'-Temporary Internet Files10LK13B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: 1 2 (2) Changed Assumptions: 3 4 1. Applicant: The TLCP now assumes that protecting local communities and 5 enhancing quality of life, while simultaneously protecting local economic 6 resources and constraining growth to particular development areas is a more 7 effective tool for protecting Monroe County's scarce environmental 8 resources than simply attempting to reduce development overall. This 9 application seeks to build on these new assumptions and perpetuate the kind 10 of mixed use zoning that contributes to local neighborhood patterns of 11 growth. 12 13 Staff. Staff concurs and further asserts that the TLCP now prescribes that 14 allowing mixed use developments is an effective way to approach growth, 15 allowing for balancing environmental sensitivity with a need for housing, 16 particularly affordable and employee housing. 17 18 (3) Data Errors: 19 20 1. Applicant: MCC Section 9.5-213 states that the purpose of the Improved 21 Subdivision (IS) district is to accommodate the legally vested residential 22 development rights of owners of lots in subdivisions that were lawfully 23 established and improved upon prior to the adoption of the 1986 Land 24 Development Regulations. In fact, Snappers Restaurant has been actively in 25 use since the 1960s. As such, Snapper's Restaurant probably should have 26 been recognized when the IS land use designation was originally assigned to 27 this subdivision in 1986. 28 29 Overall, the various maps developed by past planning directors became more 30 accurate over time. However, some of the map errors we see today were a 31 result of these conversions. For example, the width of a district line as 32 depicted on the Kendig Maps represented approximately 200 ft on the 33 ground. Currently, with the adoption of GIS staff has the potential to 34 evaluate maps with greater precision than before and to correct these issues. 35 36 2. Staff: At the time the land use map was adopted, Monroe County Planning 37 Staff was attempting to rectify issues of incongruence by homogenizing land 38 use districts in terms of the predominant use and does not have any evidence 39 that changing RU designated parcels to IS was an error -even if the current 40 use of the parcel was commercial. If a change is appropriate for these 41 parcels, it is due to changed projections, changed assumptions, and new 42 issues not due to data error. 43 44 45 Page 7 of 17 C:1Documents and Settings`.tezanos-mayra Local Settings -Temporary Internet Files10LK13B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: 1 (4) New Issues: 2 3 1. Applicant: The Seaside Subdivision has seen increased development 4 between 1990 and 2007. While it appears that, like most of the Tavernier 5 corridor, this growth has been driven by demand for seasonal homes, it is 6 now clear that the Seaside Subdivision has the demographic needs of a more 7 mature community than it did in 1990. Although the subdivision is not fully 8 built -out and, given current demographic trends, is unlikely to be so, -the 9 three adjacent subdivisions can now be considered part of the local 10 "neighborhood". It follows that meeting the needs of that neighborhood is an 11 issue that needs to be addressed. 12 13 This proposed zoning and FLUM re -designation will positively impact the 14 demographic needs of the local community by allowing the kind of mixed 15 use development that enhances the neighborhood characteristic of a local 16 community. The proposed FLUM and zoning changes will allow for 17 continued public access to the waterfront. This will allow for continued use 18 of the local bar and restaurant while precluding yet another waterfront lot to 19 be converted to residences. 20 21 The proposed FLUM and zoning re -designation will assist with the mergence 22 of a local neighborhood culture because it is one of the only "hangouts" 23 within walking distance of the "Seaside subdivisions". Because of its 24 location this will reduce traffic to alternative recreational facilities along the 25 U.S. 1 corridor. Also, by rezoning the land use of the Snapper's Restaurant, 26 and its associated parking, this FLUM use and zoning change allows for the 27 potential establishment of on -site affordable employee housing, allowing 28 local workers to live in local communities. 29 30 Snapper's Restaurant is specifically mentioned in the TLCP as the kind of 31 commercial business that Monroe County now states it wants to protect (See 32 TLCP pg 64). FLUM and zoning re -designation will allow the applicant to 33 rebuild its property in the event of an extreme weather event. 34 35 2. Staff. Regarding the parcels with the real estate numbers: 00491700.000000, 36 00491690.000000, and 00492290.000000 (adjacent to Seaside Rd) previous 37 staff reports reviewing these changes in 2002 stated that this change would 38 bifurcate a predominantly residential area with a commercial district. The 39 area is more accurately described as pockets of commercial and residential 40 development in an area with some environmental sensitivity and pockets of 41 native hammock and mangrove areas. Approving a land use change could 42 have the effect of limiting traffic on residential streets thus providing greater 43 cohesion for the commercial development which would be beneficial, not 44 detrimental, to the area. 45 Page 8 of 17 CADocuments and Settings .tezanos-mayra-.Local Settings'Temporary Internet Filcs\OLK13B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: 1 (5) Recognition of a Need for Additional Detail or Comprehensiveness: 2 3 1. Applicant: The TLCP amendments to the Monroe County Comprehensive 4 Plan establish new priorities and make clear that there is a need for additional 5 detail of comprehensiveness regarding local communities in the Tavernier 6 corridor. At core, the new detail of comprehensiveness concerns the ability to 7 protect existing local economic resources and allow mixed use growth patters 8 in such communities that will protect and enhance the quality of life within 9 those communities. 10 11 Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states 12 that the principal purpose of the Mixed Use/Commercial (MC) land use 13 category is to provide for the establishment of commercial zoning districts 14 where various types of commercial retail and offices may be permitted at 15 intensities which are consistent with the community character and the natural 16 environment. The Monroe County land use category is intended to allow for 17 the establishment of mixed use development patterns that contribute to the 18 character of a neighborhood. The Seaside Subdivisions have reached a point 19 at which they have a neighborhood quality. Snapper's restaurant and 20 associated parking has served the needs of the local community for decades 21 and is now a local's favorite. The Snappers facility serves the needs of local 22 residents by providing them waterfront access and catering to their 23 recreational needs. As such, it can only be viewed as contributing to that 24 local "community character". 25 26 The TLCP and Objective 101.11 of the Monroe County Year 2010 27 Comprehensive Plan will also make clear that Monroe County shall 28 implement measures to direct future growth away from environmentally 29 sensitive land and towards established development areas served by existing 30 public facilities. The Seaside Subdivisions are located in an established Tier 31 III development area which is well served by existing public facilities. 32 33 Regarding the four (4) U.S. Hwy 1 lots, new issue emerging from this zoning 34 and FLUM change application indicate that it would significantly reduce 35 density on these lots. This is because under the 1S land use district zoning 36 rules, density regulations allow one unit per lot. See MCC 9.5-262. There 37 are currently four lots on US Highway -One in this application and all are 38 zoned IS. Consequently, the owners could build four market -rate units on 39 these lots. However, should the zoning designation for these lots be changed 40 to SC then market -rate density is allowable at the rate of 3 units per acre. 41 (See MCC 9.5-262). Assuming the lots remained separate, no units would be 42 allowable on parcels with real estate numbers RE 00491590, RE 00491600 43 and RE 00491610 because each is smaller than 1 /3 of an acre. One unit 44 would be allowed on lot RE 00491760 because its size is .36 acres (assuming 45 the building could meet the stringent corner lot setback requirements). Page 9 of 17 C:1Documents and Settings'.tezanos-mayra,..Local Settings'Temporary Internet Files10LK13B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: I Assuming the owners unified title and combined the three adjacent parcels 2 (RE 00491590; RE 00491600; and RE 00491610), one market rate unit could 3 be allocated for the combined acreage would be .34. 4 5 Thus, the effect of this rezoning and this FLUM redesignation would be to 6 reduce market rate density from four units to a maximum of two units and, 7 depending on future use, possibly just one market -rate unit. This is a 8 significant reduction in market rate density. While the Floor Area Ratio 9 increases slightly, from .25 for the IS land use designation to .35 for the SC 10 land use designation, this is a relatively insignificant increase when 11 compared to the reduction in density and its related effects upon hurricane 12 evacuation. 13 14 2. Staff: Staff generally concurs with the applicant's assertions, regarding the 15 parcels with the real estate numbers: 00491700.000000, 00491690.000000, 16 and 00492290.000000; and notes that this restaurant would also be 17 considered a water dependent use by the working waterfront IDO. The access 18 to waterfront for recreational boating to neighboring residences is the type of 19 use that Monroe County has stated consistently (in both the TLCP and 20 through the working waterfront IDO) that should be protected. This 21 recreational amenity is also the type of use which is considered ideal for a 22 mixed use community. 23 24 Regarding the four (4) U.S. 1 lots (having real estate numbers: 25 00491590.000000, 00491600.000000, 00491610.000000, and 26 00491760.000000) staff notes that Objective 101.19 of the Monroe County 27 Comprehensive Plan recognizes that there is an excess of platted lots in 28 Monroe County. Given this, US-1 is not the best place to the construction of 29 single family homes. However, staff cannot agree with some of the 30 remainder of the applicant justification. While it is true that the lots would 31 not have the right to submit for a detached market rate unit, the lots are large 32 enough to build up to two (2) attached or detached employee housing units. 33 Although this would be beneficial in terms of supplying employee housing, it 34 actually increases the number of trips for residential development. In addition 35 to the employee residential development, the lots could each have 36 commercial development of 1200 SF as of right at medium intensity use. 37 This would increase the trip generation along US-1, and as stated previously, 38 unless the applicant combines the contiguous lots under one (1) real estate 39 number, there is no way to stop the applicant from selling the lots separately 40 once the LUD & FLUM changes occur. 41 42 (6) Data Updates: 43 1. Applicant: None 44 45 2. Staff None Page 10 of 17 C:1Documents and Settings`.tezanos-mayra'-.Local Settings :Temporary Internet Files\OLKI3B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 C. Impact and Policy Analysis: (1) Development Potential under Current Land Development Regulations (LDRs): Pursuant to MCC § 9.5-213, the purpose of the IS district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter. For the purpose of this section, improved lots are those which are served by a dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient uplands to accommodate the proposed use in accordance with the required setbacks. This district is not intended to be used for new land use districts of this classification within the county. Except for the one single family home, the development currently on the subject properties do not meet the purposes of the IS district and are lawfully nonconforming uses. Please note that if the existing single family residence is lawfully established that it can be rebuilt as a single family home pursuant to MCC 9.5-268. (2) Development Potential with the Proposed LDRs: Pursuant to MCC § 9.5-206, 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 U.S. 1. Although the main access to the development would be from US-1, this restaurant is also to serve the neighborhood and the adjacent resort. D. Compatibility with Neighboring Land Uses and Effects on Community Character: Both residential and suburban commercial uses are compatible with the character of the Seaside Subdivision community. Approximately 75° o of the subdivision parcels are zoned IS and approximately 23% are zoned SC, however most of the 1S lots are vacant and the SC lots are developed. Immediately adjacent to several of the subject parcels are areas that are already zoned SC and have a FLUM designation of MC. The historic and current use of the applicant properties is compatible with the neighboring commercial properties. Page I I of 17 C:1Documents and Settingsltezanos-mayralLocal Settings'Temporary Internet Filesl0LKI3B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: I MCC § 9.5-511 maintains that amendments may not permit a change in community 2 character. The character of the immediate vicinity is a mixture of single-family 3 residential development and commercial development so this map amendment would 4 not change this character. 6 (1) Density and Intensity: 7 8 Pursuant to MCC § 9.5-262, the IS District allows one residential unit per lot. The 9 Suburban Commercial (SC) District allows three (3) residences per acre, however, 10 not as detached single family homes but as attached units. The SC district also allows I for employee housing at eighteen (18) units per buildable acre. While the current 12 proposal does not include additional residential units, staff must consider all possible 13 development when looking at a map amendment. 14 15 Sec. 9.5-262. Maximum residential density and district open space.* Allocated Maximum density net density DU/acre DU/buildable Open space ratio* Land use district i area Improved Subdivision (IS) 1/lot 0 0.2 6.0 DUI buildable Suburban Commercial (SC) 3.0iacre area 0.2 Employee Housing 18.0 0.2 Sec. 9.5-269. Maximum nonresidential land use intensities and district open space. Land use district Maximum Floor Area Ratio Open space ratio* Im roved Subdivision (IS) Low intensit 0.25(I) 0.20 Medium intensity 0.20(1) 0.20 Suburban Commercial (SC) Low intensity 0.35 0.20 Medium intensity 0.25 0.20 High intensity 0.15 0.20 Page 12 of 17 CADocuments and Settings lezanos-mayra-Local Settings'Temporary Internet FilesNOLKl3B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR,doc Reviewed by:. 1 2 There is no doubt that this change will allow for increased development of these 3 scarified parcels, however, there is no evidence to indicate that this development will 4 be detrimental to the area or effect any surrounding property owner in a negative way. 5 6 By allowing and regulating development on these parcels, there could be a decrease 7 in traffic on primarily residential streets which could benefit some surrounding 8 property owners. 9 10 (2) Effects on Natural Resources: 11 12 Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall 13 direct future growth to lands which are intrinsically most suitable for development 14 and shall encourage conservation and protection of environmentally sensitive lands. 15 Future development would be required to comply with all Monroe County Code, 16 State and Federal environmental regulations. 17 18 As long as appropriate buffer yards and standards set forth in the Monroe County 19 Code are adhered to, the development of this parcel will not have a negative effect of 20 Natural Resources Goal 102. 21 22 23 (3) Effects on Public Facilities: 24 25 Monroe County shall implement measures to direct future growth away from 26 environmentally sensitive land and towards established development areas served by 27 existing public facilities. The proposed Land Use District Map amendment will not 28 affect Objective 101.11 and will encourage commercial development to remain on 29 disturbed lands rather than encroaching on environmentally sensitive areas. 30 31 32 (4) Consistency with the Principles for Guiding Development in the Florida 33 Keys Area of Critical State Concern: 34 35 Staff has determined that the proposed map amendments are consistent with the 36 Principles for Guiding Development for the parcels having real estate numbers: 37 00491700.000000, 00491690.000000, and 00492290.000000. Specifically, Staff has 38 found that the amendment would further goal (d) to ensure the maximum well-being 39 of the Florida Keys and its citizens through sound economic development. 40 41 (5) Effects on Redevelopment/Infdl Potential: 42 43 The subject property is developed. Most of the surrounding properties have been 44 developed, mainly by residential development although there are pockets of 45 environmentally sensitive hammock and mangroves. Page 13 of 17 CADocuments and Settings'.tezanos-mayra.Local Settings' -Temporary Internet Files10LK13B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: 1 2 (6) CommuniKeys Master Plan 3 4 Objective 101.20 of the Year 2010 Comprehensive Plan asserts that Monroe County 5 shall address local community needs while balancing the needs of all Monroe County 6 communities. 7 8 Policy 101.20.1 states that each Community Master Plan will contain a framework 9 for future development and redevelopment of the community. Principle 8 states that 10 each Community Master Plan will include a community character element that will 11 address the protection and enhancement of existing residential areas and the 12 preservation of community character through site and building guidelines. 13 14 Staff finds that the proposed map amendment does not conflict with the goals of the 15 Tavernier Livable CommuniKeys Plan (TLCP) and that adopting the proposed map 16 amendments will further the goals of the TLCP. 17 18 II. FINDINGS OF FACT 19 20 (1) MCC § 9.5-511 (d)(5)(b) allows the Board of County Commissioners to 21 consider adopting an ordinance to enact map changes under six conditions: 22 changed projections; changed assumptions; data errors; new issues; recognition 23 of a need for additional detail or comprehensiveness; and data updates. 24 25 (2) In accordance with Section 9.5-511 (d) (5) (b), the proposal for the parcels 26 with the real estate numbers: 00491700.000000, 00491690.000000, and 27 00492290.000000 has met the following conditions: 28 29 (i) Changed Projections: The Key Largo region has experienced a decline in 30 the demand for single family residences, and an increased demand in transient 31 residences, including vacation rentals. When prior map amendment changes 32 were considered, any increase in development potential was considered a threat. 33 New planning philosophies encourage mixed use development, when 34 appropriate. The proposed map amendment will increase potential for 35 commercial development, as well as commercial apartments. 36 37 (ii) Changed Assumptions: The TLCP assumes that protecting local 38 communities and enhancing quality of life, while simultaneously protecting 39 local economic resources and constraining growth to particular development 40 areas is a more effective tool for protecting Monroe County's scarce 41 environmental resources than simply attempting to reduce development overall. 42 This application seeks to build on these new assumptions and perpetuate the 43 kind of mixed use zoning that contributes to local neighborhood patterns of 44 growth. 45 Page 14 o€17 CADocuments and Settingsltezanos-mayraLocal Settings -Temporary Internet Files10LK13B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: I (iv) New Issues: The applicant asserts that the Sea Side Subdivision has seen 2 increased development in the past ten years. The contiguous properties to all 3 subject properties share the Suburban Commercial (SC) land use designation 4 with a Future Land Use Map designation of Mixed Use (MC). Therefore the 5 proposed change is now consistent with community character. Snapper's 6 restaurant has been identified in the TLCP as a cultural asset to be protected. 7 The adoption of the Land Use Map and FLUM change would allow for that to 8 occur in case of an extreme weather event. 9 10 (v) Recognition of a Need for Additional Detail or Comprehensiveness: The 11 trends concerning developments in the Seaside subdivision are consistent with 12 the goals outline in Policy 101.4.5 of the Monroe County Year 2010 13 Comprehensive Plan; and the TLCP and Objective 101.11 of the Monroe 14 County Year 2010 Comprehensive Plan 15 16 (3) MCC § 9.5-511 prohibits any map amendments that would negatively impact 17 community character. No negative impacts were identified by changing the 18 parcels with real estate numbers: 00491700.000000, 00491690.000000, and 19 00492290.000000 from IS to SC. 20 21 (4) Objective 10 1. 11 of the Year 2010 Comprehensive Plan directing future growth 22 away from environmentally sensitive lands and towards established 23 development areas served by existing public facilities is met as this parcel has 24 already been developed. 25 26 (5) Objective 101.20 of the Year 2010 Comprehensive Plan asserts that Monroe 27 County shall address local community needs while balancing the needs of all 28 Monroe County communities. This map amendment does not conflict with the 29 Livable CommuniKeys plan. 30 31 32 III. CONCLUSIONS OF LAW 33 34 (1) The proposed amendment, for the parcels having the real estate numbers 35 00491700.000000, 00491690.000000, and 00492290.000000, meet the criteria 36 set forth in MCC §9.5-511(d) (5) (b) (i), (ii), (iv) and (v). 37 38 (2) Pursuant to MCC § 9.5-511, community character may not be altered by an 39 amendment. The proposed map amendment, for the parcels having real estate 40 numbers 00491700.000000, 00491690.000000, and 00492290.000000, will not 41 have a negative impact on the character of the immediate vicinity. 42 43 (3) Based on the Findings of Fact, the proposed Land Use District designation of 44 Suburban Commercial (SC) and the proposed Future Land Use Map (FLUM) 45 designation of Mixed Use Commercial (MC) are appropriate for the parcels Page 15 of 17 C:1Documents and Settings-dezanos-mayra Local Settings, -.Temporary Internet Files10LK13B120080319 Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 having real estate numbers 00491700.000000, 00491690.000000, and 00492290.000000. (4) The proposed map amendments for the parcels having real estate numbers 00491700.000000, 00491690.000000, and 00492290.000000 are consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern. IV. RECOMMENDED ACTION Staff recommends approval of the Board of County Commissioners to change the Future Land Use Map Designation from Residential Medium to Mixed Use Commercial for the parcels having real estate numbers 00491700.000000, 00491690.000000, and 00492290.000000. Page 16 of 16 W:IGROWTH MANAGEMENTIBOCCIGMD Agenda Items120080523 Special Meeting Comp Plan\Dancing Bear FLUM\Dancing Bear aka Snappers FLUM Amendment BOCC SR.doc Reviewed by: fV , � �w W.;.v . Snappers denl'ed zoning change By snivi f iess Free Prass Staff Writer KEY LARGO — Snappers Waterfront Saloon and Raw Bar, snuggled among residences in the Seaside Subdivision at tnile marker 94.5, was denied a zon- ing change for its parking lot by the Monroe County Planning Commission Wedr_esday, Feb. 27. Howard and Lynda Kolbenheyer, owners of the restaurart, had requested zoning changes concert four'_arge fats j adjacent to the nataurant into commercial property for park- ing. The request arose from noes - city since land adjacent to the restaurant comprises the planred site of a 14-unit motel. That land, although not owned by Snappers, has bee:i used for its parking since it opened its doors. "Once it's rezoned it can be used for any use within that cat- egory," said, Chairman David Ritz. I Director e:Plan ling Marlene Conaway said her department "cannot ask for a promise to keep it a parking lot" once the property is i ezoned for commer- cial uses. Kolbenheyer gave assinances that nothing would be built on the lots. "I don't intend to change any- thing," said Kolbenheyer. "It's used for parking and it will con- tinue to be used for parking:" The Kolbenheyer's attorney, Nick Mulick, said their purpose was two -fold: Changing access to the business from Ocean View Avenue to the narking lot entrance, while protecting restaurant p:u kirg . "This w 11 n ,nimize the impact. It makes sense for the community and the owner," Mulick said. `We vili voluntari- ly restrict tha use of that as a parking lot s:.i theic is no Future possibility of ex ension. It's not perfect but it makes sense." Neighbors :;aid they were cou- cemed that, with iuc_eased com- mercialization of the neighbor- hood, it was losing its residential flavor. One neighbor w'-o bough his home in 1075, -1. Coleman Monroe, referred back to a Jan, 16 meeting at the, tstaurant where M-ilb;, sou:N came,nsus from neighbors for the changes. "The whole feeling was against [changing the zoning to commercial],''Monroe said. "We don't object to the parking, but don't make it commercial, just give them a variance. Otherwise it will turn the whole place into a Holiday Isle;' Another neighbor, Richard Cole, said he's seen Snappers grow in the six years he's lived there. "We're really concerned about what will change down the line. Don't change the zoning," he asked. Another resident who also owns a small graphics shop on The highway, said she was con- cemed about potential changes down the road. "Give them parking without changing the zoning. Like Eckerd [Drug Store in Key Largo) it looks good on paper," said Laura Gail Collins. Mulick asked the commission to "use common sense. Are you going to take away his parking?" The commission voted to deny a commercial designation but suggested that, since the Kolbenheyers own the property upon which customers park, they could continue that use. J Memorandum To: The Planning Commission From: Jeffrey D. Stuncard, Senior Planner Date: October 12, 2001 SUBJECT: SNAPPER'S FLUM (FUTURE LAND USE MAP) AND LAND USE DISTRICT (ZONING) CHANGE PLANNER: Jeffrey D. Stuncard, Senior Planner BIOLOGIST: Niko Reisinger, Biologist PROPERTY OWNER: Howard & Lynda Kolbenheyer and Dancing Bear Properties, LLP. AGENT: Nick Mulick, Esq. CURRENT FUTURE LAND USE CATEGORY: Residential Medium (RM) PROPOSED FUTURE LAND USE CATEGORY: Mixed Use/ Commercial (MC) EXISTING ZONING: Improved Subdivision (IS) PROPOSED ZONING: Suburban Commercial (SC) PROPERTY INFORMATION: Key: Largo Mile Marker: 94.5 Size: Approximately 1.35 acres, according to the Monroe County Property Appraiser. Page 1 of 6 P: ig FoldersUeff StuncardlSnappees FLUM & Zone change PC staff rcport.doc Location Detail and Brief Property Description: The property is described as Lots 4, 5, 6, and 22, Block 1, Seaside Subdivision. The real estate numbers are 00491690.000000, 00491700.000000, 00491590.000000, 00491600.000000, and 00491610.000000. The property is located adjacent to the American Legion on US1 and across the street (Seaside Avenue) from the existing Snapper's Restaurant at MM 94.5. Existing Use: Lots 4, 5, and 6 are currently vacant. Lot 22 is vacant, but serves as overflow parking for Snapper's Restaurant. Neighboring Land Uses and Character: The immediate vicinity of the subject property is characterized by IS and SC zoning. Several single-family homes exist on the IS property. The SC adjacent to Lot 6 is the site of the American Legion (currently under development review). Existing Habitat: The lots are disturbed, with isolated native trees. Land Use Habitat on the 1985 Existing Conditions Aerials: Page 258 of the Monme County 1985 aerial photo existing conditions maps show the lots as 740 (disturbed.) This photo also shows isolated canopy trees. ZONING AND LAND USE HISTORY: Pre-1986 Zoning: The entire area was RU-1; Single -Family Residential. The 1986 Comprehensive Considerations During Planning Process: The pre-1986 zoning was RU-1 for the entire property. Research found no site -specific actions by the Board of County Commissioners. Therefore, the 1986 zoning was changed to Improved Subdivision (IS), which is consistent with RU-1. Consideration During the 2010 Comprehensive Planning Process: The entire property was categorized Residential Medium (RM), which is consistent with Improved Subdivision (IS). Page 2 of 6 P:\Planning\Working FoldersUeff Stuncar&Snappees FLUM & Zorn change PC staff report.doc ANALYSIS AND RATIONALE FOR CHANGE [Pursuant to Section 9.5-511(d)(5)b.l Changed Projections: None Changed Assumptions: None Data Errors: None New Issues: According to the applicant, the zoning on lots seven through eleven has been changed to Suburban Commercial (SC). The zoning of Snapper's Restaurant is also SC. The subject property is in common ownership by Snapper's Restaurant. Lot 22, over one acre m size, is an exceptionally large lot to be zoned IS. Given the historic use of the property for parking in connection with Snapper's Restaurant, a more appropriate land use designation for lot 22 is Suburban Commercial. 1. Staff agrees that the zoning of lots 7-11, as well as Snapper's Restaurant are currently zoned SC. Staff also acknowledges that the subject property is in common ownership with Snapper's Restaurant. However, the application proposes to bifurcate the predominately residential area. This is significantly different from the approved rezoning of lots 7-11 to SC, in that those lots were restricted to access on US 1. 2. While not a new issue, the size of lot 22 (approximately 1 acre) is irrelevant when u considering this rezoning. The size of this lot has remained the same ever since it was platted in 1924. 3. While not a new issue, the property has been used to accommodate parking for Snapper's Restaurant, staffs research has not uncovered any approved documentation to support this land use. Need for Additional Detail or Comprehensiveness: None Data Updates: According to the applicant, the zoning on lots seven through eleven has been changed to Suburban Commercial (SC). The zoning of Snapper's Restaurant is also SC. The subject property is in common ownership by Snapper's Restaurant. Lot 22, over one acre in size, is an exceptionally large lot to be zoned IS. Given the historic use of the property for parking in connection with Snapper's Restaurant, a more appropriate land use designation for lot 22 is Suburban Commercial. 1. Staff finds that the zoning of lots 7-11 to SC is the only data update (Please refer to New Issues, #1). Page 3 of 6 P:\Planning\Working FoldersVeff Stuncard\Snappees FLUM & Zone change PC staff report.doc IMPACT AND POLICY ANALYSIS: Comparison of Development Potential for the Current and Proposed Land Use Districts: (current) Improved Subdivision: In the Improved Subdivision district, which is designated Residential Medium on the Future Land Use Map (FLUM), the principle purpose of this category shall be limited to one residential dwelling unit for each such platted lot. (proposed) Suburban Commercial: The purpose of the Suburban Commercial 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. The properties are also located in the Mixed Use/ Commercial on the Future Land Use Map (FLUM). The principle purpose of this 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. Compatibility With Section 9.5-511 of the Monroe County Code prohibits any amend - Adjacent Land Uses and ments which would negatively impact community character. Ob- Effects on Community jective 101.4 calls for the County to maintain community charac- Character: ter and protect natural resources through a distribution of land uses consistent with the designations shown on the Future Land Use Map. Density and Intensity: The proposed rezoning would result in an increase in the development potential of the subject properties. Both the intensity and the density of allowable uses will be reduced. Whereas commercial retail, institutional residential, and mixed -use developments including commercial retail in combination with apartments are permitted in the Suburban Commercial zoning district, single-family homes are the only structures permitted in the Improved Subdivision district. Residential density would be increased from one per lot to an allocated density of three per acre, or a maximum net density of six per buildable area. Page 4 of 6 PAPlanning\Working FoldersUeffStuncardlSnappers FLUM & Zone change PC staff report.doc Effects on Natural Resources and Public Facilities: FINDINGS OF FACT: Use Compatibility: Currently, the subject properties are compatible with the . predominately residential neighborhood. Rezoning these properties to Suburban Commercial would allow the neighborhood to be infiltrated by a multitude of potential commercial uses, along with their associated reprocussions including traffic congestion, noise, and odors. Due to the fact that Lots 4,5,6 and 22 are disturbed, the proposed map amendment supports Goal 102 (direct future growth to best land) and Objective 101.11 (direct growth away from sensitive land). I. Section 9.5-511 of the Monroe County Code specifies that the Board of County Commissioners may consider a land use change if at least one of six criteria is met. Section 9.5-511 also prohibits a change which negatively impacts the community character. Objective 101.4 requires that the County regulate future development to maintain the character of the community. 2. The pre-1986 zoning of the subject properties was Single -Family Residential (RU-1). During the 1986 Comprehensive Plan process, the land -use (zoning) district of the subject properties followed the pre-1986 zoning and was changed to Improved Subdivision (IS). 4. The purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter. [September 15, 1986] 5. The Future Land Use Map (FLUM) of the Monroe County year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject properties Residential Medium (RM). 6. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the principle purpose of the Residential Medium land use category is to recognize those portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and to define improved subdivisions those lots served by a dedicated and accepted existing roadway, have an improved potable water supply, and have sufficient upland to v accommodate the residential uses. Development on vacant land within this category shall be Pave i of 6 limited to one residential dwelling unit for each such platted lot or parcel which existed at the time of plan adoption. 7. Section 9.5-511 prohibits any map amendments which would negatively impact community character. 8. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached dwellings of all types, and therefore is the most applicable zoning district designation for the subject properties that will protect the residential nature of the community, should construction be permitted. 9. The Residential Medium (RM) Future Land Use category corresponds with only one land use (zoning) district, Improved Subdivision (IS). 10. Therefore, the current Residential Medium (RM) Future Land Use category is the most appropriate land use category for the subject properties. CONCLUSIONS: The subject properties more appropriately meet the existing land use district (zoning) and Future Land Use Map designation (FLUM), and are consistent with Objective 101.4 when reviewing the character of the community. 2. There is no basis for consideration of the proposed map amendment and Future Land Use Map (FLUM) because of new issues or data updates. RECOMMENDATION: Based on the findings of fact and conclusions above, the Planning and Environmental Resources Department recommends DENIAL of the proposed Land Use District (zoning) change from Improved Subdivision (IS) to Suburban Commercial (SC) and the proposed Future Land Use Map amendment from Residential Medium (RM) to Mixed Use/ Commercial (MC). Page 6 of 6 PAPlanning\Working FoldersUeff Swncard\Snapper s FLUM & Zone change PC staff report.doc /TaxSys.net 3 Page 1 of 1 Ir TaxSys.net a+9 RMBWe Feceunt 6ummvry DebSa Fw RvtYip[291 b-it15 Iwtlper SM1cw ,.l eal: �:uvi:. .Isdae A'zY Nsn: ]Nf L�Im Olb: 69/19(Ep0] db Tf?ry ll�atnt pwbba: allFppnlSnOYF alarm R.R.ytsbrtbr: fWwnam 9vJnl/SSW RetNbt ]M sf)o.ss IMNNnaTm vA seL®DE •vE Raebt Eaton mb: 9p/59l]994 09(li/Fm] bYNNNt s-fm.9D neNe..A REr uwD, R SSm) ir.�Eb: by m/)v9ooe bmpc. am A.Do R5m19Y DNS. LTIOKmLSaXAER FOylbt: KOYEXEMFT ]A 9M5mE ME Em:N01aM M9Yt[: D.m .� tlisl,..:anr d,nc el::l.. SnNNMGt RA LAl160. R3A4) ......... - NWp: LYIIMEOIIEiILEIER Da3u9pSpnlpl UMb UEGO. 0. 99Y)) tiva KRlpp KA is kmun SeLu: F[tlae IlF6).WSNTS GEES PFSEMMM)5 IA S v ]Wtl fbis billbww zNWWv9 [art (R6TMM110. a Naeaptala5 ]Dune _er �.� =ip�v.a. sr ob:�Nlwr(a t.rc smtru nlb+�us zma suss Res)wMNTs IOAI]ami a9rywaapa Y ba m p.n . � .. Hlb-UIS 209> GYLS 11EY]MIINIf18 l9fD]/lppb PH30/19D) Y Na N Fup i:: M].D.l.l3 )906 EMES RES)MMRB ApIE. Wf Y M1W YFW �i..i. tows )91.0-I.IS 3905 fl1FE4 M9TMMNT9 19/D11]UM 09/39/)005 M1a N FNI Fccatmt SeaaN - - 3-9 spree :: Nealn Fa —_r }tlMess Co er tt z0ercei?tinn Yvnex Nle BIRIIs 11tPR � Nq. �[Isn Ga) 9^IR3 Nyn 51) (a-Hn5mll11 EIWFER60O9E QFEYm IA HMPE ]NE IR LMGD.R LYKM maFIMIaER GFE6 RLSTMMKfB ASEA-Ab �. SAT UM SNNENS WYF GEFKW LA 6M®FFVf NY 1MfA.R IMOK YAUaN1EYER NFRIMB�TOR.WF ]95-BR.A56 ,..., 3L41 LLG SNNpERS DDVE GEEKW IXC IASFASmE1NE REl WIG0,0. WIIFaNAER LTIgF NMEMEKISCORDO MD ASlT!-AM ... TDT UN N0 Xg9F4 ... GpYM11tOIW)-]WB.OnK 96a[lieW.N rWttpr®aW. ppNabb).. IMLI lc]S-1 I (eittp "z' samrrp. )aK mw<. I 9T�wSf„zs'r.a an+•_u�e�lRCer. .. ,, .f�,casaaxw �^a_.;ta�ipaKr�l�asz6.trz),. e,.,. ^,s„- t.....,.. //........, «a,...........e..a.aE.. ♦....u.r ..na.. R..1N /.,..../pNl A:..oaL.vo 7/7 7/9!1(18 / LoopNet -Snapper's Waterfront Saloon & Raw Bar & Dove Creek, Full Service, Key Lar... Page 1 of 6 J Snapper's Waterfront Saloon & Raw Property ID: 14861376 Bar & Dove Creek hop:/fl!Stfng.toopnet.com/14661376 Snapper's waterfront Saloon & Raw Bar R Dove Creek 94500 Overseas Hwy Key largo, FL 33037 County: Mmme � aim" Breder Management Corp. Valerie Breder (305) 251-1520 For Sale --_------Active I Property Use Type: Investment Primary Type: Hotel a Motel Full Servke No, Rooms: 14 Building Six: 6,121 SF Lot Six: 58,238 SF i Prim: $19,495,000 i Prim/Room: $1,392,500.00 Year BYIIC 1950 Date Last Verified: 12/31/2007 Property ID: � 14861376 J Additional Information Property Description: Snapper's and the adjacent Dove Creek Lodge and Marina makes up one of the most attractive waterfront packages in the Florida Keys. This Ocean sale landmark has been serving Keys cuisine and entertaining Its customers for more than 4 decades. The restaurant seats 275 guests combined using the main Indoor dining room and the two outside waterfront bar/ dining areas. Dockage is available for those arriving by boat. Dove Creek Lodge and Marina was completed In November 2004 and is a beautiful example of what acmmodatios should be like In the Keys. This state of the art 14 unit hotel offers a 13 slip floating dock, pool, Jacuzzi, covered parking, beatifully fumBhed roans, suites and luxury suites and fantastic views In every dkecdon. Add to this amazing package almost 74,000 square feet of vacant land (58,438 Is contiguous and Immediately, across the street from Snappers and Dove Creek Lodge). Additional Information and photos ara available upon request. Square footage is from tax records but them are several small buildings in addition to the main restaurant. Note: There are 4 hotel rooms above Snappers restaurant. Location Description: Located on the Ocean side of Key largo at Mile Marker 94.5. Easy access for both North and South bound traffic. On the water facing the Atlantic with a channel leading out from both the Snappers Marna and the Dove (reek Lodge Marina. Snappers and Dove Creek Lodge are accessed from Overseas Hwy but unlike many other Hotel/ Restaurants in the Keys they am NOT directly on the Highway so noise Is not an Issue here. A great opportunity and a rare find] Additional Types: Restaurant Marina v Great location on the Ocean e A Key Largo Icon e Huge customer base of locals and tourists No, Stories: 2 Commission Split: 2% e Marines for Snappers and Dove Creek lodge s Vacant land for furttma development e Amazing Keys Package http://www.loopnet.comlxNetIMainSitelListingtProfileJPrintAll.aspx?LID=14861376&Sh... 1/29/2008 I am amazed to have not being informed today 5/22/08 that there is a hearing in Marathon without any notice of any kind to the residents of the Seaside sub division. Why? I and my wife have been homeowners here for over 1 I years. We were fully aware of the existence of Snappers existence when we purchased our home, however we strongly oppose any change in zoning on property owned by Snappers//Dancing Bear since we have found that this entity has very little respect for our neighborhood. Some but not all of the below are examples of why we feel this way. Loud music is often played beyond the allowed time limit. In December 1999 thru January 2000 there was a refrigerated trailer powered by a loud diesel engine parked on the property in question for about 6 ,weeks keeping us awake all night. Several mornings around 7 am we are subjected to the dumping of containers of bottles and cans into trucks. Snappers have for all the time we have resided here has been using the South East end of Oceanview Blvd, a public road which end at the water's edge as their private parking lot. We are constantly plagued by the odor of their sewage system. There are other issues which do not directly affect us but give us great concern as to what this change in zoning will bring to this neighborhood. We beg you not to approve this change Respectfully Richard Cole and Rita Gilmore 29 Seaside Ave Key Largo /q , I am amazed to have not being informed today 5/22/08 that there is a hearing in Marathon without any notice of any kind to the residents of the Seaside sub division. Why? I and my wife have been homeowners here for over l 1 years. We were fully aware of the existence of Snappers existence when we purchased our home, however we strongly oppose any change in zoning on property owned by Snappers//Dancing Bear since we have found that this entity has very little respect for our neighborhood. Some but not all of the below are examples of why we feel this way. Loud music is often played beyond the allowed time limit. In December 1999 thru January 2000 there was a refrigerated trailer powered by a loud diesel engine parked on the property in question for about 6 ,weeks keeping us awake all night. Several mornings around 7 am we are subjected to the dumping of containers of bottles and cans into trucks. Snappers have for all the time we have resided here has been using the South East end of Oceanview Blvd, a public road which end at the water's edge as their private parking lot. We are constantly plagued by the odor of their sewage system. There are other issues which do not directly affect us but give us great concern as to what this change in zoning will bring to this neighborhood. We beg you not to approve this change Respectfully Richard Cole and Rita Gilmore 29 Seaside Ave Key Largo I/ We, the undersigned affected property owners protest the Dancing Bear Properties (aka SnapWs Restaurant): Land Use District and Future land Use Map Amendments Section 9.5511 of the Monroe County Code and Florida Statutes 125 & 163 Dancing Bear Properties (aka Snappers Restaurant),139 Seaside Ave. Key Largo, Mile Marker 94.5• A request for approval of an amendment to the current Land Use District designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to Moved Use Commercial (MC) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside PB1-97, & Re -Sub Seaside PB2-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600.000000, 00491610.000000, 004917W000000, 00491760.000000,and 00492290.000000. IJWe certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. EC. lS . aOO7 Print Name t J U/Vf}Ll% Sc H2 Y Signatu Print Address a ,Sr�y S 1 D7—Z /f (/(=. !fleG0 State EL Zip Code 3.3O37 co co > 4� Cil > cl) -n CD cm) cn cf) = m.--4:0 U We, the undersigned affected propem owners protest the Dancing, Bear PrORM.es taka Snapper's Ra District and Future Land Use Ma Amendments Section 9.5511 of the Monroe County Code and Fonda Statutes 125 & 163 Danc nadUse Bear Prrorties /aka Snapper's Restaurant),139 Seaside Ave Kev lamp n+ i M current Land Use Residential tial Medium from Improved Subdmsion (IS) to Sub -Urban Commer al(st for approval of an and to amend the Future amendment nd Use Map designation from Residential Medium ct pa to Mixed Use Comm rial (MC) in accordance with policy 12014.2 of the Monroe County year 2010 Comprehensive Plan. The sut>)ect parcels are legally described as Block 1 Lots 4, 5, 6 Seaside PB"7, & Re -Sub Seaside P62-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 0049160.000000, 00491700.000000, 00491760.000000, and 00492290.000000. 0.000000, 00491610 I%We certify that we own property within 200 feet of this property, Land Development Regulation (LDR) 9,5-5115 (c) states: In the event of a written protest against such amendment Signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. — AI — o Print Name Q -P, ;\ 4 Print City Ar State Zip Code 3 -5 O 3'"' I1 We, the undersigned affected property owners protest the Dancing Bear ProWies (aka Snappw's Restaurant) Land Use District and Future Land Use May Amendments Section 9.5-511 of the Monroe County Code and Florida Statutes 125 & 163 Dancing Bear Properties (aka Snapper's Restaurant).139 Seaside Ave Key Largo. Mile Marker 94 5: A request for approval of an amendment to the current Land Use District designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to Maed Use Commercial (MC) in accordance with Policy 1201.42 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside PB1-97, & Re -Sub Seaside PB2-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600.000000, 00491610.000000, 00491700.000000, 00491760.000000, and 00492290.000000. I/We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. — Ct.'i Signatu 0 Print Name QAR O �Q.r>; ��- NN Print Address ) 33 % Qs. „VJ'3'_ p Code C 11 We, the undersigned affected property owners protest the Dancina Bear Properties (aka Snapper's Restaurant) Land Use District and Future Land Use Mao Amendments Section 9.5511 of the Monroe County Code and Florida Statutes 125 & 163 Dancing Bear Properties (aka Snapper's Restaurant) 139 Seaside Ave Key Largo Mile Marker 94.5: A request for approval of an amendment to the current land Use District designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to Meted Use Commercial (MC) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside PB1-97, & Re -Sub Seaside PB2-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600.000000, 00491610.000000, 00491700.000000, 00491760.000000, and 00492290.000000. VWe certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. Date Print Name L 1 vR d e; ra r cr Cou—o ✓y Print Address ?NOO oy/�0St o-S H!"� City * �07 FZ Go State ,LL Zip Code .13 c, :7 kv R « \ o I � § § / 3 � w / �)> &w) a±A � � U We, the undersigned affected property owners protest the Dancing Bear Properties faka Snapper's Restaurant)' Land Use District and Future Land Use Map Amendments Section 9.5511 of the Monroe County Code and Florida Statutes 125 & 163 Dancing Bear Properties take Snapper's Restaurant), 139 Seaside Ave. Key Largo Mile Marker 94 5: A request for approval of an amendment to the current Land Use District designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to Mixed Use Commercial (MC) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside P81-97, & Re -Sub Seaside PB2-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600.000000, 00491610.000000, 00491700.000000, 00491760.000000, and 00492290.000000. I/We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. Print Print 6 Address J!7 iC� 7 —)?K i'/e---,e:-/7v-34L lZ� t' fl— Zip Code T z / s 2{ I/ We, the undersigned affected property owners protest the Dancing Bear Properties (aka Snapper's Restawant)7 Land Use District and Future Lauri Use Mao Amendments Section 9.5511 of the Monroe County Code and Florida Statutes 125 & 163 Dancing Bear Properties faka Snappers Restaurant) 139 Seaside Ave Key Largo Mile Marker 90: A request for approval of an amenctnent to the current Land Use District designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to Moved Use Commercial (MC) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside P131-97, & Re -Sub Seaside PB2-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, D0491600.000000, 00491610,000000, 00491700,000000, 00491760.000000, and 00492290.000000. I/We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. Date Signatu Print Name i ] /'[ (1lrLMO Print Name -q. r c !1 A /� � `-- O L ter Address City Z r Y L /1A &-0 State I Zip Code33p4S—' U We, the undersigned affected property, owners protest the Dancing Bear Properties (aka Snapper's Restauranti Land Use District and Future Land Use Map Amendments Section 9.5511 of the Monroe County Code and Florida Statutes 125 & 163 Dancing Bear Properties (aka Snapper's Restaurant) 139 Seaside Ave Key Lamp Mile Marker 94.57 A request for approval of an amendment to the current Land Use District designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to Moved Use Commercial (MC) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside P131-97, & Re -Sub Seaside PB2-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600,000000, 00491610.000000, 00491700.000000, 00491760.000000,and 00492290.000000. 1/We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. r — Signature. `�, Print Name >�� C1 C/ i1 ! ' `I Print Name d 0. D f' Address 00 70 5 A& & {i 4 City N� ��^��%PACGt State /% Zip Code 33`fd� I/ We, the undersigned affected property owners protest the Dancing Bear Properties (aka Snapper's Restaurantl: Land Use District and Future Land Use Mao Amendments Section 9.5-511 of the Monroe County Code and Florida Statutes 125 & 163 Dancing Bear Properties (aka Snapper's Restaurant).139 Seaside Ave. Key Largo, Mile Marker 945: A request for approval of an amendment to the current Land Use Dishict designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to Mixed Use Commercial (MC) in accordance with Poky 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside P81-97, & Re -Sub Seaside PB2-10. Key Largo, Monroe County, Florida, having Real Estate numbs 0001590.000000, 00491600.000000, 00491610.000000, 004917W000000, 00491760.000000, and 00492290.000000. I/We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. /2/23/0'7 Print Name /�"Li FIX/ a ` "11 Print Name C-1-4 !Q �✓ / �� P6 ct C i Z/ —' City O-/a ' AKI"- 4- State Al Zip Code —5 5 "ee'f✓' x -awr . = :oE a� _ Ca ' -H & 163 Dancing Bea k *Ww ;d : iQ, -:r an amendment to the :-urn• �..-�-:--«._. = _ - .o amena me Future Land Use Map 42 of the Monroe County Year z'3 07 & Re -Sub Seaside PB2-10, Key "T. 7k- '=T 0 ,;2491610.000000,00491700000000, Land Development Regulation (LDR) such amendment signed by the _ e_ o the lots or land included in the 1e :z,ei adjoining the property to be affected and ue amendment shall not become effective except of.'Cunt% Commissioners ate Zip Code I/ We, the undersigned affected property owners protest the Dancing Bear Properties faka Snapper's Restaurant): Land Use District and Future Land Use Map Amendments Section 9.5-511 of the Monroe County Code and Florida Statutes 125 & 163 Dancing Bear Properties faka Snappers Restaurant) 139 Seaside Ave Key Largo Mile Marker 90. A request for approval of an amendment to the current Land Use District designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to MiKed Use Commercial (MC) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside PBt-97, & Re -Sub Seaside PB2-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600.000000, 00491610.000000, 00491700.000000, 00491760.000000, and 00492290.000000. I/We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. Signature Print Name // �/ etc A M0 a 1 Print ZO,�o Zee_ 51 ?OV PSz 570s -2g.3s'aq�wrA OP Code 153 o27 d 3 �' I/ We, the undersigned affected property owners protest the Dancing Bear Properties (aka Snapper's Restaurard)Land Use District and Future Lard Use Map Amendments Section 9.5-511 of the Monroe County Code and Florida Statutes 125 & 163 Dancing Bear Properties (aka Snapper's Redaurantl.139 Seaside Ave Key Largo Mile Marker 9457 A request for approval of an amendment to the current Land Use District designation from Improved Subdivision (IS) to Sib -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to Maed Use Commercial (MC) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside PB1-97, & Re -Sub Seaside P62-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600.000000, 00491610.000000. 00491700.000000, 00491760.000000, and 00492290.000000. I/We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. Print N Print L4&;wv State J47'" Zip Code joy j 7-A 3 go �� V We, the undersigned affected property owners protest the Dancing Bear Properties (aka Snapper's Restaurant} Land Use District and Future Land Use Mao Amendments Section 9.5511 of the Monroe County Code and Florida Statutes 125 & 163 Darning Bear Pr_ opgrties (aka Snapper's Restaurant) 139 Seaside Ave Key Lamo Mile Marker 94.5: A request for approval of an amendment to the current Land Use Duct designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Ilse Map designation from Residential Medium (RM) to Moved Use Commercial (MC) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside P131-97, & Re -Sub Seaside P82-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600.000000, 00491610.000000, 00491700.0M0, 00491760.000000,and 00492290.000000. I/We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. Print Name p Code 3&)4 ✓,/ From: kay thacker Page 1 of 2 a`0[l [Print] [(:lose] From: kay thacker <oktcraft@terranova.net> To: Joel & Page Prouty < proutyp@bellsouth. net> Subject: Snapper's petition please sign for the other property and mail back to P.O. Box below Thanks Date: Sun, 13 Jan 2008 23:41:37 +0000 *ISLAND** OF KEY LARGO FEDERATION OF HOMEOWNER ASSOCIATIONS INC.* *PO** BOX 702* *KEY LARGO, FL 33037* BUTTONWOOD BAY HOMEOWNER ASSOC., HOMEOWNERS ASSOC. OF CORAL COAST, GATEWAY -TO -THE -SEA HOMEOWNERS ASSOC., HAMMER POINT HOMEOWNERS ASSOC., HIBISCUS PARK HOMEOWNERS ASSOC., KEY LARGO VILLAGE HOMEOWNERS ASSOC. , LARGO SOUND PARK CLUB INC HOMEOWNERS ASSOC., ROCK HARBOR CLUB CONDOMINIUM ASSOC., ROCK HARBOR ESTATES HOMEOWNERS ASSOC., SEXTON COVE HOMEOWNERS ASSOC. SILVER SHORES HOMEOWNERS ASSOC., STILLWRIGHT PROPERTY OWNER'S ASSOC. TAYLOR CREEK VILLAGE HOMEOWNERS ASSOC., THE HARBORAGE HOMEOWNERS ASSOC.,WYNKEN BLYNKEN & NOD HOMEOWNERS ASSOC. "Never doubt that a small group of committed citizens can change the world. Indeed, it is the only thing that ever has." Margaret Mead We, the undersigned affected property owners protest the * Dancing Bear Properties (aka Snapper's Restaurant): _* *_Land Use District and Future Land Use Map Amendments_* Section 9.5-511 of the Monroe County Code and Florida Statutes 125 & 163 *_Dancing Bear Properties (aka Snapper's Restaurant), 139 Seaside Ave, Key Largo, Mile Marker 94.5: * A request for approval of an amendment to the current Land Use District designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to Mixed Use Commercial (MC) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5, 6 Seaside PB1-97, & Re -Sub Seaside PB2-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600.000000, 00491610.000000, 00491700.000000, 00491760.000000, and 00492290.000000. We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-511 5 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. � Date ( l 1.� J —�-. / // Signature Print sef f�"tru�zJ --+/,. -A,A..1A7RAUFAnnnnippcoonnnmRAo22216j25569ROAOM2... 1/13/2008 From: kay thacker Page 2 of 2 Name City kLnn State Zip It3_ Code KX./ httD://webmail.att.net/wme/v/wm/478ABF6D0003EF99000028AO22216125569BOA02D2... 1/13/2008 Cf I/ We, the undersigned affected property owners protest the Dancing Bear Properties faka Snapper's Restaurant): Dastrict and Future Land Use Map Amendments Section 9.5511 of the Monroe County Code and Florida Statutes 125 & 163 Dancing bear Properttes taka Snapper's Restaurant) 139 Seaside Ave Kev Largo u current Land Use District designation from Improved Subdiviswn (IS) to Sub -Urban Markerllll 9m5 Commercial request and tapamend the Future val of an and Use Map designation from Residential Medium (RMj to Mixed Use Commercial (MC) in accordance with policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject Parcels are legally described as Block 1 Lofs 4, 5, 6 Seaside PB 157, & Re -Sub Seaside P62Ye Kay Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600.000000, 00491610.000000, 00491700.000000, 00491760.000000, and 00492290.000000. I/We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. Print Signatu Print City ��`v`�`vyl);�r Code '_T_- ----- ---- a a ;J ry CL AV `a n W r O = cjl f�3 C� 3 o � z z coo 0 cJ W r—o c.0 cc N Q p G J J Y C LAJ � Y f R Tti_ s. D h amendment s; € -,, zhe iRe tots or 'arid included is 'ice the propetr to be aff shad not b ecome e (Gacd and Li e "ftv Commissioners. � ((��1 j1Ca �L� Ii We. the undersigned affected property owners protest the Dancing Bear Properties (aka Snapper's Restaurant): Land Use District and Future Land Use Map Amendments Section 9.5511 of the Monroe County Code and Florida Statutes 125 & 163 Dancinq Bear Properties (aka Snapper's Restaurant) 139 Seaside Ave Key Largo Mile Marker 94 57 A request for approval of an amendment to the current Land Use District designation from Improved Subdivision (IS) to Sub -Urban Commercial (SC) and to amend the Future Land Use Map designation from Residential Medium (RM) to Maed Use Commercial (MC) in accordance with Polley 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan. The subject parcels are legally described as Block 1 Lots 4, 5,6 Seaside PB197, & R"ub Seaside P62-10, Key Largo, Monroe County, Florida, having Real Estate numbers 00491590.000000, 00491600.000000, 00491610.000000, 00491700.000000, 00491760.000000, and 00492290-000000. I/We certify that we own property within 200 feet of this property. Land Development Regulation (LDR) 9.5-5115 (c) states: In the event of a written protest against such amendment signed by the owners of twenty (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 two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of four (4) members of the board of county commissioners. Print Nam Print Name I '& )� - L.a/c�'k State _Zip Code__'— — .m m USPS - Track & Confirm Page 1 of 1 ru a 0 M1 Z S Z m O o ti zQ o 2 0 O o c o m Zr o m ti AUPOSTAL SERVICE Hume I Help I Sign In .. , :..Track & Confinn FA<.:... Qs Search ilesuits Labei/Receipt Number 2304 3090 0000 0943 7132 Status Delivered Yoe rRr was oeliyered at 12:37 PM on May 19, 2008 in KEY WEST, FL 3�:,4C The aem was signed for by S HUTTON. Ad&t&mat fietaids - Region re UtSP3.caor Home Enter LabeVReceipt Number. V v ._:-a,t. & _"fttm hT ema0 ,et curre❑� even: information or updates for your item sent to you or others by email Ger iS.,,Of of O*Ifvery' ✓errfy who signed for your item by email, fax, or mail. Gv > Waiver of Sipnel en,-�34F48�O 0 POSTAL Kftpftl Postmark - ACcen ka Here L] Go ,_ ,..,.. ..-3 ---- _ ._n. rnm,P7 ClntArn.�t\1i'nhiinsArl �iwti„....:{.. A— c din d�nnQ ISLAND OF KEY LARGO FEDERATION OF HOMEOWNER ASSOCIATIONS INC. PO BOX 702 KEY LARGO, FL 33037 BUTTONWOOD BAY HOMEOWNER ASSOC., HOMEOWNERS ASSOC. OF CORAL COAST, GATE W AY -TO -THE -SEA HOMEOWNERS ASSOC., HAMMER POINT HOMEOWNERS ASSOC., HIBISCUS PARK HOMEOWNERS ASSOC., KEY LARGO TRAILER VILLAGE HOMEOWNERS ASSOC., ROCK HARBOR CLUB HOMEOWNERS ASSOC., ROCK HARBOR ESTATES HOMEOWNERS ASSOC., SEXTON COVE HOMEOWNERS ASSOC. SILVER SHORES HOMEOWNERS ASSOC., STILLWRIGHT PROPERTY OWNER'S ASSOC. TAYLOR CREEK VILLAGE HOMEOWNERS ASSOC., THE HARBORAGE HOMEOWNERS ASSOC.,WYNKEN BLYNKEN & NOD HOMEOWNERS ASSOC. "hexer doubt that a small group of committed citizens can change the world. Indeed, it is the only thing that ever has." Margaret Mead May 17, 2008 MONROE COUNTY ATTORNEY Suzanne Hutton P.O. Box 1026 Key West, Florida 33041 FAZItt MONROE COUNTY COMMISSIONERS: Charles McCoy, Mayor Mario DiGennaro, Mayor Pro Tern Dixie Spehar George Neugent Sylvia Murphy RE: BOCC Meeting May 23, 2008 Agenda Item 9 A. 6 DANCING BEAR PROPERTIES LLC (SNAPPERS) and Sec. 9.5-511.5(c) Hello to all On behalf of our friends and neighbors in the subdivision we are enclosing in this packet copies of petitions signed by affected property owners within the 200 ft of the proposed Future Land Use Map (FLUM) designation from Residential Medium (RM) to Mixed Use (Commercial (MC). A Monroe County Property Appraiser —Radius list was provided by the Planning Department. Sincerely, Kay Thacker, Vice President of External Affairs Copy: Andrew Trivett, Division Director Growth Management