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Ordinance 038-2001ORDINANCE NO. 038 2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY TOPPINO'S INC. TO AMEND THE LAND USE DISTRICT MAP (ZONING) FROM INDUSTRIAL (I) TO URBAN RESIDENTIAL (UR) FOR PROPERTY LOCATED ON EAST ROCKLAND KEY AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER 9.5, HAVING REAL ESTATE NUMBER 00121980.000600. WHEREAS, the Monroe County Board of County Commissioners, during public meetings held on September 5, 2001, and on October 17, 2001 conducted a review and consideration of a request filed by the applicant to amend the Land Use District Map (zoning) from Industrial (I) to Urban Residential (UR) for property located on East Rockland Key and further described as Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, having real estate number 00121980.000600; and WHEREAS, the Planning Commission recommended approval of this future land use map amendment from Industrial (I) to Urban Residential (UR) as indicated in Resolution P48-01; and WHEREAS, the Planning Commission held a public hearing on July 11, 2001 and recommended approval of the request; and WHEREAS, the Monroe County Board of County Commissioners made the following Findings of Fact: 1. Section 9.5-511(d)(5)b. of the Monroe County Land Use Regulations allows the Planning Commission to consider adopting an ordinance to enact map changes under one or more of the six listed conditions, specifically changed assumptions and new issues. Page 1 of 5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc 2. The map amendment will provide a location for the construction of much needed affordable housing in the lower Keys. There are few parcels in the Lower Keys of sufficient size and appropriately zoned for multifamily affordable housing. The subject property is also appropriate for such residential development due to its lack of environmentally sensitive lands, as contemplated by Goal 102. 3. On August 15, 2000 a pre -application conference between the applicant and Planning Department staff was held to discuss construction of an affordable housing project. It was determined that amendments to the Land Use District (Zoning) Map would be required from Industrial (I) to Urban Residential (UR). 4. The pre-1986 zoning of the subject property was General Use (GU) which allowed one residential unit per acre. 5. During the pre-1986 Comprehensive Plan process, the land use (zoning) district of the subject property was changed to Industrial (I). 6. Section 9.5-220 of the Land Development Regulations states that the purpose of the Industrial District (I) is to establish areas that are suitable for the development of industrial and manufacturing uses, warehousing and distribution uses. 7. The proposed map amendment seeks to change the existing Land Use (Zoning) Map designation from Industrial (I) to Urban Residential (UR). 8. The subject property is bordered by the following Land Use District designations: Improved Subdivision to the east and Industrial (I) to the north and west. To the south, the Key West Brewery has recently completed the process of changing the designation of its property to Industrial (I). 9. Section 9.5-204 of the Land Development Regulations states that the purpose of the Urban Residential (UR) zoning designation is to provide areas appropriate for high -density residential uses designed and intended for persons gainfully employed in the Florida Keys and to create areas to provide for vacation rental use of detached dwellings, duplexes and multi- family dwellings. This district should be established at or near employment centers. 10. The Residential High (RH) Future Land Use category corresponds with the land use zoning category of Urban Residential (UR). The maximum net density for the UR district is twenty-five units per acre where all units are designated as affordable housing. Page 2 of 5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc 11. Objective 101.11 of the Comprehensive Plan states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. Therefore, the provision and availability of public facilities will be reviewed during the site review process. 12. Section 9.5-511 provides that the Board of County Commissioners may make a change to the land use map if one or more factors are present. The proposed amendment establishes changed assumptions about the need and appropriateness of the site for industrial use and because of new issues; the county -wide need for affordable housing. 13. Section 9.5-511 prohibits any map amendments, which would negatively impact community character. The area is adjacent to an existing residential community and therefore would not negatively impact the existing community character. 14. Goal 102 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. The subject property does not contain our environmentally sensitive lands and therefore is suitable for future growth as contemplated by Goal 102. 15. The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. WHEREAS, the Monroe County Board of County Commissioners made the following Conclusions of Law: 1. The proposed map amendment meets the criteria outlined in Section 9.5- 511(d)(4) b.ii. and iv. of the Monroe County Land Development Regulations and will not negatively impact the community character of immediate area. 2. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report. Page 3 of 5 WAPlanning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc 3. The amendment does not meet the criteria of the Monroe County Land Development Regulations of Section 9.5-252 (h) Restrictions for Military Airports. The Department of the Navy study AICUZ identified the area proposed to be rezoned for residential uses as an area within the designation CNR3 that specifically prohibits any residential development. The CNR3 designation implies only high noise levels. The zone has no accident potential. It may be possible to employ noise mitigation measures such as double or triple glazing of windows to ameliorate the problem. However, the Land Development Regulations would have to be changed before residential development may be permitted. 4. The proposed land use change would not negatively impact the community's character, which is consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1.This Board specifically adopts the Findings of Fact and Conclusions of Law stated above. Section 2. The previously described property, which is currently designated Industrial (I) shall be designated Urban Residential (UR) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Land Use (ZOning) Map of Monroe County shall be amended as delineated in Section 2. Above. Section 4. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the state land planning agency for review pursuant to Chapter 163, Florida Statutes. Section 7. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Page 4 of 5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a public meeting held on the 17tn day of October A.D., 2001. Mayor George Neugent Mayor Pro Tern Nora Williams yes Commissioner Charles "Sonny" McCoy yes Commissioner Murray Nelson yes Commissioner Dixie Spehar yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY M - ay6oNeugent ATTEST: DANNY KOLHAGE, CLERK 5 m,1"O'tc /gua'> DEPUTY CLE K o un O a U.J (D J v < U_ J cr o r-- C-3 o > , �w ko J Zoo � N BY AS TO Attorneys Office Page 5 of 5 W:\Planning\Working Folders\Gross-Fred\Toppino\bocc zoning ord.doc PCOWD i /ice The Monroe County Land Use Map is proposed to be amended as indicated above and briefly described as: change Part Gov. _Lot 5, Sec. 21, Twp. 67 S., Rae. 26 E., Roddand Key, RE. # 00121980.0006000, Awoximate Mile Marker: 9.3t from Industrial (1) tD Urban Residential (UR) Date: Amendment #: 01-152 Sheet # : 554 N EXHIBIT 1 DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS November 14, 2001 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated November 7, 2001 and certified copies of Monroe County Ordinance Nos. 034-2001 through 038-2001, which were filed in this office on November 14, 2001. LC/mp Sincerely, CV Liz Cloud, Chief Bureau of Administrative Code _ N CD Tv :,3 �, _` rn n_ a o Z s M r-- rn •• C_') p :> BUREAU OF ADMINISTRATIVE CODE The Collins Building • 107 West Gaines Street • Tallahassee, Florida 32399-0250 • (850) 245-6270 FAX: (850) 245-6282 9 WWW Address: http://www.dos.state.fl.us 9 E-Mail: election@ mail. dos. statefl. us SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed -to- cci//,'ns 'I Wes P7 e S 5�.• Zjx SSe$� r-L 30250_ A. Received by (Please Print Clearly) B. Date of Delivery i t-y� -r��r� t C. Signatures lr-ty MEN 1 OF&T6 TE X ent� ❑ Addressee D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 11 %av Z 3 I,' . 1i 3. 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