Item D2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 22, 2001
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning_
AGENDA ITEM WORDING: A continuation of a public hearing to consider a Future Land
Use Map and Land Use District Map amendment proposed by the Monroe County Planning
Department changing the future land use designation from Residential High (RH) to Mixed
Use/Commercial (MC) and changing the zoning from Urban Residential Mobile Home (URM)
to Sub Urban Commercial (SC) for property described as Lots 11, 12, 27 & 30 Block 2,
Mandalay Subdivision, Key Largo, Section 6, Township 62 South, Range 39 East; with the
following Real Estate numbers: 00554460.000000 and 00554420.000000.
ITEM BACKGROUND: This "adoption" hearing is the second of two public hearings required
for amendments to the Year 2010 Comprehensive Plan, adoption to both a FLUM ordinance and
a corresponding rezoning ordinance. The Planning and Environmental Resources Department
recommends approval of these requests. The Development Review Committee heard the
requests on March 2, 2000 and recommends approval. The Planning Commission heard the
requests on March 22, 2000 and recommends approval. This proposed amendment was
transmitted to the Department of Community Affairs in September 2000. Mr. Gerald Harrington
spoke in opposition of the FLUM change and rezoning of Lot 27. Mr. Harrington purchased the
lot on November 24, 2000 from Patsy Moore, who requested the rezoning to the Planning
Department.
PREVIOUS RELEVANT BOARD ACTION: This item was heard at the February BOCC
meeting in Key Largo and continued until the March 22, 2000 BOCC meeting.
STAFF RECOMMENDATION: The Planning Department recommends adoption of the Future
Land Use Map and Land Use District Map amendments for Lots 11, 12 and 30, Block 2,
Mandalay Subdivision.
TOTAL COST: None
COST TO COUNTY: None
BUDGETED: Yes N/ A
No
APPROVED BY: County Attorney _X_ OMBlPurchasing _N/A_ Risk Management _N/A_
DEP ARTMENT DIRECTOR APPROVAL:
way, Planning Director
DIVISION DIRECTOR APPROVAL:
Timothy
DOCUMENTATION: Includedi To follow
DISPOSITION:
Agenda 3
~ Not required _
Agenda Item #: 2 - DZ-
EXHIBIT 1
FLUM ORDINANCE
ORDINANCE # -2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM
RESIDENTIAL HIGH (RR) TO MIXED USE/COMMERCIAL (MC)
FOR PROPERTY DESCRIBED AS LOTS 11, 12, AND 30, BLOCK 2,
MANDALA Y SUBDIVISION, KEY LARGO, SECTION 06,
TOWNSHIP 62 SOUTH, RANGE 39 EAST, MONROE COUNTY,
FLORIDA, AT APPROXIMATELY MILE MARKER 97, AND
HAVING THE REAL ESTATE NUMBERS 00554460.000000 AND
00554420.000000
WHEREAS, the Board of County Commissioners, on April 15, 1993, adopted the Monroe
County Year 2010 Comprehensive Plan, and therefore, designated the above-described properties to
their current designations on the Future Land Use Map (FLUM); and
WHEREAS, the Board of County Commissioners, during a regular meeting held on May
17, 2000, conducted a review of a request for a Future Land Use Map amendment to the Monroe
County Year 2010 Comprehensive Plan filed by the Planning Department to change the future land
use designation as described above; and
WHEREAS, the Planning and Environmental Resources Department as well as the
Development Review Committee and Planning Commission have recommended approval of the
request; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. Section 9.5-511 of the Monroe County Land Development Regulations 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
community character. Objective 101.4 of the Comprehensive Plan requires that the county
regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger,
and Chester and La Joyce Bennett, which are bounded by other commercial uses.
3. The properties in question are composed of Lots 11, 12, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RR) on the Future Land Use Map.
5. This proposed map amendment seeks to change the current designations to a future land use
Draft FLUM Ordinance #M99146
page 1 of 4
Initials
designation of Mixed Use/Commercial (MC).
6. The Planning Department contends that this map amendment is needed based upon the need
for greater detail or comprehensiveness when considering the zoning of properties in Block
2 of the Mandalay Subdivision.
7. A 1990 map change altered the zoning and subsequent future land use designations of most
properties in Block 2 of the Mandalay Subdivision, but did not include six lots (11, 12, 26,
27,29, and 30). These properties have remained under the Urban Residential Mobile Home
zoning designation since adoption of the 1986 Comprehensive Plan.
8. With the adoption of the Year 2010 Comprehensive Plan, Lots 11, 12, 26, 27, 29, and 30
have kept their Urban Residential Mobile Home designation and corresponding Residential
High Future Land Use Map designation.
9. In 1999, the property owners of Lots 11, 12,27, & 30 requested that their Urban Residential
Mobile Home designation also be changed to Sub Urban Commercial (which also requires a
change in the Future Land Use Map designation from Residential High to Mixed
Use/Commercial) so as justify their current or proposed uses of these four properties. At the
February 22, 2001 Board of County Commissioners meeting, Mr. Gerald Harrington, who
purchased Lot 27 on November 24, 2000 requested that Lot 27 not be included in this map
amendment.
10. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 map changes, as well as a
way to address the spot zones created by the 1990 map change.
11. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however, these property owners
chose not to participate in favor of retaining their current designations.
12. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities; and
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
1. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Monroe County Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 101.4.
3. Approving the proposed map amendment will address problematic spot zones created by the
previous 1990 map change;
Draft FLUM Ordinance #M99146
page 2 of 4
Initials
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 properties shall be designated described above and as
shown on the attached map, which is hereby incorporated by reference and attached as
Attachment 1.
Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive
Plan shall be amended as delineated in Section 2 above.
Section 4. The Monroe County staff is given authority to submit this ordinance and
supporting documents to the Florida Department of Community affairs for compliance
review.
Section 5. 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 6. This ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapters 163 and 380, Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until notice is issued by the Florida Department of
Community Affairs or Administration Commission finding the amendment in compliance to
Chapters 163 and 380 of the Florida Statutes.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
Draft FLUM Ordinance #M99146
page 3 of 4
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the _ of , 2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Neugent
(Seal)
ATTEST:
DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
APPROVED AS TO FORM
BY l7;~A~~Y
Attorney's Office .::;;2
Draft FLUM Ordinance #M99I46
page 4 of 4
Initials
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Future Land Use Map
Pro osed FLUM Amendment
I Key: Ke
MM: 97
Proposal: FROM Residential Hi h RH
TO Mixed USe/Commercial (MC)
Property Description: Mandalay Subdivision, Block 2,
Lots 11 & 12, RE# 554460, Block 2, Lot 30, RE# 554420
Name: Kawalski. Bennett
1 "=2000' I
Applicant
Map # :
2
1 File Number: M99146
REZONING ORDINANCE
ORDINANCE # -2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT
TO CHANGE THE LAND USE DISTRICT (ZONING) MAP FROM
URBAN RESIDENTIAL MOBILE HOME (URM) TO SUB URBAN
COMMERCIAL (SC) FOR PROPERTY DESCRIBED AS LOTS 11, 12,
AND 30, BLOCK 2, MANDALA Y SUBDIVISION, KEY LARGO,
SECTION 06, TOWNSHIP 62 SOUTH, RANGE' 39 EAST, MONROE
COUNTY, FLORIDA, AT APPROXIMATELY MILE MARKER 97,
AND HAVING THE REAL ESTATE NUMBERS 00554460.000000
AND 00554420.000000
WHEREAS, the Board of County Commissioners, in September of 1986, adopted the
Monroe County Land Use Maps, and therefore, designated the above-described properties to their
current designations on the Land Use Map; and
WHEREAS, the Board of County Commissioners, during a regular meeting held on May
17, 2000, conducted a review of a request for a Land Use Map amendment to the Monroe County
Land Development Regulations filed by the Planning Department to change the land use
designation as described above; and
WHEREAS, the Planning and Environmental Resources Department as well as the
Development Review Committee and Planning Commission have recommended approval of the
request; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. Section 9.5-511 of the Monroe County Land Development Regulations 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
community character. Objective 101.4 of the Comprehensive Plan requires that the county
regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger,
and Chester and La Joyce Bennett, which are bounded by other commercial uses.
3. The properties in question are composed of Lots 11, 12, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Urban Residential Mobile Home (URM) on the Land Use
District (zoning) Map.
Draft Zoning Ordinance #M99I46
page I of 4
Initials
5. This proposed map amendment seeks to change the current designations to a zomng
designation of Sub Urban Commercial (SC).
6. The Planning Department contends that this map amendment is needed based upon the need
for greater detail or comprehensiveness when considering the zoning of properties in Block
2 of the Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior to
the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive
Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10,13-25,28,
and 31-34 applied for a Boundary Determination which requested that the zoning be
changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the
historically commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change
request made by the owners of Lots 1-10, 13-25, 28, and 31-34, and changed the zoning of
these properties from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (11, 12,26,27,
29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties have
remained under the Urban Residential Mobile Home zoning designation since adoption of
the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25, 28, and 31-34
have retained the Sub Urban Commercial zoning designation, while Lots 11, 12,26,27,29,
and 30 have kept their Urban Residential Mobile Home designation.
12. The exclusion of the six lots (11, 12,26,27,29, and 30) from the 1990 map change created
three spot zones of Urban Residential Mobile Home-designated land surrounded by land
zoned Sub Urban Commercial.
13. In 1999, the property owners of Lots 11, 12,27, & 30 requested that their Urban Residential
Mobile Home designation also be changed to Sub Urban Commercial so as justify their
current or proposed uses of these four properties. At the February 22,2001 Board of County
Commissioners meeting, Mr. Gerald Harrington, who purchased Lot 27 on November 24,
2000 requested that Lot 27 not be included in this map amendment.
14. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 map changes, as well as a
way to address the spot zones created by the 1990 map change.
15. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however, these property owners
Draft Zoning Ordinance #M99I46
page 2 of 4
Initials
chose not to participate in favor of retaining their current Residential High and Urban
Residential Mobile Home designations.
16. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities; and
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
1. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Monroe County Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 101.4.
3. Approving the proposed map amendment will address problematic spot zones created by the
previous 1990 map change;
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 properties shall be designated described above and as
shown on the attached map, which is hereby incorporated by reference and attached as
Attachment 1.
Section 3. The Land Use District Map (zoning map) of the Monroe County Year 2010
Comprehensive Plan shall be amended as delineated in Section 2 above.
Section 4. The Monroe County staff is given authority to submit this ordinance and
supporting documents to the Florida Department of Community affairs for consistency
reVIew.
Section 5. 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 6. This ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 380, Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until notice is issued by the Florida Department of
Community Affairs or Administration Commission approving the amendment pursuant to
Chapter 380, Florida Statutes.
Draft Zoning Ordinance #M99146
page 3 of4
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the _ of , 200 I.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Neugent
(Seal)
ATTEST:
DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
APPROVED AS TO FORM
~EGA~~Y
BY h-f ~
Attorney's Office
Draft Zoning Ordinance #M99146
page 4 of 4
Initials
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I Key: Kev Lar 0
MM: 97
Home (URM)
Proposal: FROM Urban Residential Mobile
1"=400' I
TO Suburban Commercial (SC)
Property Description: Mandalay Subdivision Block 2, Lots 11 & 12.
RE#554460, Block 2, Lot 30, RE#554420
Applicant Name: Kawalski Benne t t
Map #: 139 I File Number M99146
The Staff Report
For the Kawlaski, Hollinger, Moore & Bennett
properties
File #M99146
Marathon Government Center
March 22, 2001
MEMORANDUM
TO:
The Board of County Commissioners
FROM:
Timothy J. McGarry, AICP
Director of Growth Management
SUBJECT:
Amended Kawalski Future Land Use and Land Use District Map Changes
# M99146
DATE:
March 5, 2001
PLANNER:
Donny Lang & Chad Meadows
BIOLOGIST:
Sandra Lee
PROPERTY OWNER:
Frank Kawalski/Dana Hollinger
Chester and La Joyce Bennett
AGENT:
Monroe County Planning Department
EXISTING FUTURE LAND USE DESIGNATION: Residential High (RH)
PROPOSED FUTURE LAND USE DESIGNATION:
Mixed Use/Commercial (MC)
EXISTING ZONING DESIGNATION:
Urban Residential Mobile Home (URM)
PROPOSED ZONING DESIGNATION:
Sub Urban Commercial (SC)
PROPERTY INFORMATION
Key: Key Largo
Mile Marker: 97
Size: Two properties totaling 12,500 square feet (6,250 each parcel)
Location Detail and Brief Property Description:
The properties are described as follows:
Lots 11 & 12, Block 2, Mandalay Subdivision, Key Largo Section 06, Township 62 South, Range 39
East; with a Real Estate number of 00554460.000000. It is located on the ocean side of U.S. Highway 1.
The property is located between First A venue and Second Avenue. Each of the two lots is 3,125 square
feet in area.
BOCC staff report
M # 99146 Kawalski
Page 1
Lot 30, Block 2, Mandalay Subdivision, Key Largo Section 06, Township 62 South, Range 39 East; with
a Real Estate number of 00554420.000000 (this RE# combines lots 1-8 & 30-33). It is located on the
ocean side of U.S. Highway 1. The property is located between First Avenue and Second Avenue. Lot 30
is 6,250 square feet in area.
Existing or Proposed Use:
The proposal consists of two properties which are currently developed. One has a single family dwelling,
and the other (lot 30) lot is part of an existing twelve lot storage yard.
Neighboring Land Uses:
The subject properties are located in Block 2 of the Mandalay Subdivision of Key Largo. The whole
subdivision is one of the earliest neighborhoods in Key Largo, established in the mid-1920s. There are a
total of four Blocks in the Mandalay Subdivision. The maps and aerial photo in the packet accompanying
this staff report will help clarify the neighboring land uses and character.
There are a variety of land uses in Block 2 of Mandalay around the subject properties, including several
multi-family dwelling units, single-family homes, several small businesses, and two storage yards. The
subject properties are currently zoned Urban Residential Mobile Home (URM), while much of the
remainder of Block 2 is zoned Suburban Commercial (SC) (See attached map).
Block 3, immediately to the east, is currently zoned Urban Residential Mobile Home and houses a trailer
park, an RV park, and a duplex dwelling unit. The duplex and the RV park are in the process of being
rezoned to Urban Residential (UR).
Block 4, to the east along the ocean, is zoned Suburban Commercial (SC) and has three marinas, a
restaurant and residential dwelling units.
Block 1 is located between the north and south bound lanes of U.S. Highway 1 to the west of the subject
property. Block 1 is zoned Suburban Commercial (SC) and houses a bank and a restaurant.
The southern edge of the Mandalay Subdivision is bounded by Mariners Club, a 120-unit luxury
townhouse project and private marina. Mariner's Club is zoned Suburban Commercial (SC).
The northern edge of the Mandalay Subdivision is bounded by single-family dwellings and mobile
homes. This area is zoned Urban Residential Mobile Home (URM).
Community Character:
The four blocks of the Mandalay Subdivision have a variety of commercial and residential uses. The east
side of the neighborhood (east of Second Street) is mostly commercial with marina and restaurant uses.
The blocks between U.S. Highway 1 and Second Street are a mix of residential and commercial, with
properties along U.S. Highway 1 having the most commercial, though residential uses are intermixed.
The immediate area of the two subject properties alternates between residential and commerciaL The
Mandalay Subdivision taken as a whole must be considered as having a mixed use character.
Bacc staff report
M # 99146 Kawalski
Page 2
Existing Habitat:
Lots 11 & 12 are best classified as Disturbed. This is a developed parcel that is maintained in a mowed
state. There are two native Gumbo Limbo trees on the parcel, the few other trees that are present are non-
natives. There is a disturbed storage lot to the rear and disturbed, developed lots with residences to the
north and to the south of this parcel.
Lot 30 is currently utilized for storage. The site is disturbed. There is one native tree along the front
property line and a row of non-native palms along the north property line. To the west and south are
contiguous storage lots.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 Existing Conditions Map, sheet 265, identifies the two subject parcels as disturbed (740).
ZONING AND LAND USE HISTORY
Application History
In late 1999, the owners of Lots 11 & 12 submitted an application for a vacation rental use for the
existing dwelling unit on the property. At the time, the applicants thought that the property was zoned
Sub Urban Commercial since the property is surrounded on all sides by lands zoned Sub Urban
Commercial. During the research for the vacation rental application, the Planning Department determined
that Lots 11 and 12 (as well as Lots 26, 27, 29, & 30) were actually zoned Urban Residential Mobile
Home. Vacation rentals are not an allowable use for property which is zoned Urban Residential Mobile
Home. Upon further research, the Planning Department determined that a portion of the properties around
Lots 11 and 12 (Block 2 of the Manadalay Subdivision) were changed from Urban Residential Mobile
Home to Sub Urban Commercial through a map change made in 1990. However, this change did not
include all the properties in Block 2, and as a result, created a checkerboard pattern of zoning for
properties in this block.
When the Planning Department determined that the 1990 map change had created this mixed pattern, and
that this mixed zoning pattern was not consistent with the historical commercial uses taking place in
Block 2, the Planning Department proposed this map amendment as a way of address the mixed or "spot"
zoning created by the 1990 map change. The Planning Department contacted all the property owners in
Block 2 who were still zoned Urban Residential Mobile Home, and inquired if they wished toparticipate
in a County-sponsored rezoning. Two of the property owners (in addition to the original applicants for the
vacation rental use) agreed to participate. Two of the property owners (Lots 26 & 29) did not wish to
participate. Although Lot 27 was owned by Patsy Moore at the time and Ms. Moore wished to have Lot
27 rezoned through this amendment, the lot was purchased on November 24, 2000 by Mr. Gerald
Harrington, who appeared at the February 22,2001 BOCC meeting and stated that he wishes to have his
current zoning remain unchanged.
Pre-1986 Zoning:
Prior to 1986, Block 2 of the Mandalay Subdivision was zoned for business uses as (BU-2), or Medium
Business District.
BOCC staff report
M # 99146 Kawalski
Page 3
Considerations ofthis property during the 1986 Comprehensive Plan Processes:
During the 1986 comprehensive planning process, Blocks 2, 3, and the northern three lots of Block 4
were zoned Urban Residential Mobile Home (URM). At the time of the change, a mixed pattern of'
residential and commercial uses were present on these properties. Meeting minutes from the Board of
County Commissioners meeting on June 25, 1985 (included as Appendix 1) indicate that the subject
properties were specifically considered by the Board. The vote to change the properties from BU-2 to
URM was unanimous.
1990 Map Change
In 1988, eight property owners from the Mandalay Subdivision submitted a Jomt application for a
boundary determination to the Planning Department for Lots 1-10, 13-25, 28, 31-34 of Block 2,
Mandalay Subdivision, Key Largo. The boundary determination applications requested that the above lots
be rezoned from Urban Residential Mobile Home zoning to Sub Urban Commercial zoning based upon
the historically commercial uses on the properties. The Planning Department staff reviewed the
applications and recommended denial of the boundary determination for a variety of reasons. The staff
report indicates that the applicants could apply for a map amendment through the established rezoning
process (the applications and staff report are included as Appendix 2).
On January 25, 1990, the Planning Director signed Land Use District Map Boundary Interpretation
Number 55, which recommended denial of the request to change the above properties' designations from
Urban Residential Mobile Home to Sub Urban Commercial (included as Appendix 3).
Despite the recommendation from the Planning Director, on February 13, 1990, the Board of County
Commissioners approved Resolution 128-1990 which authorized the change of the above properties'
zoning from Urban Residential Mobile Home to Sub Urban Commercial (included as Appendix 4). The
resolution indicated that Urban Residential Mobile Home zoning was adopted in error because the Urban
Residential Mobile Home zoning was not consistent with the prior BU-2 (Medium Business) zoning.
This resolution authorized the change in zoning from Urban Residential Mobile Home to Sub Urban
Commercial for Lots 1-10, 13-25,28, and 31-34 of Block 2 of the Mandalay Subdivision. Lots 11, 12,26,
27,29, and 30 of Block 2 were not included within the boundary determination application, and were thus
left in their original Urban Residential Mobile Home zoning designation.
Considerations of this property during the 2010 Comprehensive Plan Processes:
There is no indication of any site specific considerations of this property during the 2010 Comprehensive
Plan process.
ANALYSIS AND RATIONALE FOR CHANGE (pursuant to Section 9.5-511(d)(5)(b)
This Section (9.5-511) of the Land Development Regulations requires that one of the following five
issues be addressed as a rationale for a change in the future land use designation and land use district
zoning designation.
Changed Projections:
None
ROCC staff report
M # 99] 46 Kawalski
Page 4
Changed Assumptions:
None
Data Errors:
None
New Issues:
None
Recognition of a Need for Additional Detail or Comprehensiveness:
This map amendment has been proposed by the Planning Department due to the recognition of a need for
additional detail and comprehensiveness when considering Block 2 of the Mandalay Subdivision. The
boundary determination which was approved the Board of County Commissioners on February 13, 1990
changed the zoning for a portion of the lots in Block 2. However, six lots in Block 2 were left out of the
map change.
The net effect of the 1990 map change from Urban Residential Mobile Home to Sub Urban Commercial
was to create three "spot zones" of Urban Residential Mobile Home-designated land surrounded by land
which was designated as Sub Urban CommerciaL
In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urban Residential Mobile
Home designation also be changed to Sub Urban Commercial so as justify their current or proposed uses
of these four properties. Since that time, the current owner of Lot 27 has asked for withdrawal of the
rezomng.
The Planning Department is proposing this map amendment as a way to respond to the requests of these
residents who were left out of the original 1990 map change.
As an additional note, the Planning Department contacted the property owners of Lots 26 and 29 to
inquire if they wished to participate in the rezoning being sponsored by the Planning Department. Neither
of these property owners wished to participate, and as a result, if this proposed amendment is approved,
there will still be three (Lots 26, 27, and 29) lots within Block 2 zoned as Urban Residential Mobile
Home.
Data Updates:
None
IMP ACT AND POLICY ANALYSIS
Comparison of Development Potential for the Current and Proposed Land Uses:
The development potential involved with the current and proposed designations is given below.
Typically, calculations of development potential for map amendments are completed based on general
calculations of gross property size, and do not consider any relevant bulk or environmental
considerations. As mentioned in the previous Size of Property Section, the subject properties contain a
total of 12,500 square feet, or 0.29 gross acres.
BOCC staff report
M # 99] 46 Kawalski
Page 5
The number of units and/or floor area allowed by the Year 2010 Comprehensive Plan are given where
appropriate. Certain other aspects like parking standards and landscaping standards will affect the actual
square footage amounts as well, which in turn, will impact the ultimate development potential.
Current Development Potential
Residential High (RH)/Urban Residential Mobile Home (URM)
The principal purpose of the Residential High land use category is to provide for high-density
single-family, multi-family, and institutional residential development, including mobile homes
and manufactured housing, located near employment centers. In addition, Monroe County shall
adopt Land Development Regulations which allow non-residential uses that were listed as a
permitted use in the Land Development regulations that were in effect immediately prior to the
institution of the 2010 Comprehensive Plan, and that lawfully existed on such lands on January 4,
1996 to develop, redevelop, reestablish and/or substantially improve provided that the use is
limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or
limited to what the pre-2010 LDRs allowed, whichever is more restrictive. [9J-5.006(3)(c)] & 7]
The development potential for the Urban Residential Mobile Home (URM) zoning designation
includes mobile homes, detached residential dwellings, recreational vehicles, accessory uses,
home occupations, provided a special permit is obtained. However, tourist housing uses (vacation
rental uses) are prohibited except in gated communities zoned URM.
Proposed Development Potential
Mixed Use/Commercial (MC)/ Sub Urban Commercial (SC)
The principal purpose of the Mixed Use/Commercial land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail and office
may be permitted at intensities which are consistent with the community character and the natural
environment. Emp]oyee 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 (Policy
101.4.5).
The development potential for each parcel the Suburban Commercial (SC) zoning designation is
evaluated below (each parcel is 6,250 square feet). These calculations are general in nature, and
can not be relied upon as a true representation of what is allowable on any of the subject
properties without further investigation by the Planning Department. The land uses listed below
are for comparative purposes only.
SC: Uses As-of-Right
--low intensity retail uses of 2, 187 sq. ft.
--medium intensity retail uses of ] ,562 sq. ft.
--office uses of2,500 sq. ft.
--commercial recreation like a theater or health club of 625 sq. ft.
--institutional or public buildings of ],875 sq. ft.
--accessory uses
--storage areas of up to],562 sq. ft. (this includes the storage ofautomobi]es and trucks)
BOCC staff report
M # 99146 Kawalski
Page 6
--tourist housing units (provided an application is submitted and approved)
SC: Minor Conditional Uses
--high intensity retail of 937 sq. ft.
--light industrial uses of 1,875 sq. ft.
--parks or community parks
SC: Major Conditional Uses
--mariculture (like shrimp farming)
Compatibility with Adjacent Land Uses and Effects on Community Character:
Section 9.5-51 I of the Land Development Regulations prohibits any amendments which would
negatively impact community character. Objective 101.4 of the Comprehensive Plan calls for the county
to maintain community character and protect natural resources through a distribution of land uses
consistent with the Future Land Use Map.
Given that the community character is commercial to the east and west surrounding these properties, re-
designation of these properties to the Sub Urban Commercial (SC) designation would be consistent with
Objective 101.4 This is further reinforced by the subject properties' small sizes and the fact that the
majority of the Block 2 of the Mandalay Subdivision is already zoned Sub Urban Commercial.
All three properties are categorized as "disturbed" habitat, and have little natural resource value when
considered independently. The proposed zoning and Future Land Use Map changes would have little
effect on the local natural resources.
Effects on Natural Resources:
Goal 102 of the Comprehensive Plan states that the 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 properties are disturbed, developed parcels in an urbanized
area, and are located in a developed subdivision. A zoning change to Suburban Commercial for these
three parcels in Block 2 of the Mandalay Subdivision would be consistent with Goal 102.
Effects on Public Facilities:
Objective 101. I I of the Comprehensive Plan requires the county to direct future growth away from
environmentally sensitive land and towards established development areas served by existing public
facilities. The proposed designations have little or no effect on the Objective 101. I I based on the
findings of the 1999 Public Facilities Capacity Assessment Report and the listed programs on stormwater
and wastewater:
Solid Waste: The existing solid waste haul-out contract provides the county with approximately
eight years of guaranteed capacity.
Potable Water: The Florida Keys Aqueduct Authority's eXlstmg consumptive use permit
authorizes the withdrawal of sufficient quantities to meet the demand anticipated for 1999. The
proposed land use change is not expected to have a significant effect on potable water
withdrawals.
BOCC staff report
M # 99146 Kawalski
Page 7
Roads: U.S. Highway I is required to maintain a level of service of C in order to support
additional development. The road segment #22 (Mile Marker 91.5 to 99.5) in Key Largo area is
at level of service A.
Storm water: A net increase in stormwater runoff could result from this land use change because
this change authorizes additional development potential. However, Section 9.5-293 of the Land
Development Regulations requires that all development retain stormwater on site following Best
Management Practices (BMP). Also, pursuant to Policy 1001.1.1, all projects shall be designed
so that the discharges will meet Florida State Water Quality Standards. Compliance review for
these sections is determined by the Environmental Resources Department and the Department of
Health and occurs at the time a development permit has been filed. In addition, Monroe County
and the South Florida Water Management District, acting in accordance with Governor Chiles'
Executive Order No. 96-108, have developed an agreement for the development of a Storm water
Management Master Plan.
Wastewater: There are several programs and policies in place that address wastewater treatment
throughout Monroe County:
. Policy 901.1.1 provides the interim Level of Service for wastewater treatment plants and
OSDS (On Site Disposal Systems), stating that they must use A WT (Advanced Wastewater
Treatment), BAT (Best Available Technology) and not exceed 100% of their planned
capacity.
. Ordinance No. 03-1997, adopted pursuant to Objective 901.2 and related policies, establishes
an inspection and compliance program for OSDS, and requires among other things, that all
(commercial and residential) cesspits be replaced, that all septic tanks be inspected and if
necessary, upgraded to meet state standards.
. Policy 101.2.13 is also tied to the inspection and compliance program in that a cesspit must
be replaced with BAT for every single family home permitted under the County's Rate of
Growth Ordinance (ROGO).
The proposed land use changes will not interfere with the implementation of these programs
because they are ongoing and do not rely upon a "development permit" trigger. All three parcels
are currently developed, and no further development is anticipated.
Effects on Redevelopment and Infill Potential:
Goal 102 of the Year 2010 Comprehensive Plan mandates infill efforts, which are supported by this map
amendment. The subject properties have been developed for many years and this rezoning would bring
them further into conformity with the present uses.
FINDINGS OF FACT
I. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the Board of
County Commissioners may consider a land use change if at least one of six criteria is met. Section
9.5-5 I I also prohibits a change which negatively impacts community character. Objective 101.4 of
the Comprehensive Plan requires that the county regulate future development to maintain the
character of the community.
Bacc staff report
M # 99146 Kawalski
Page 8
2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger, and
Chester and La Joyce Bennett, which are bounded by other commercial uses.
3. The properties in question are composed of Lots I I, 12, and 30 of Block 2, Mandalay Subdivision in
Key Largo.
4. The properties are designated as Residential High (RR) on the Future Land Use Map, and as Urban
Residential Mobile Home (URM) on the Land Use District (zoning) Map.
5. This proposed map amendment seeks to change the current designations to a future land use
designation of Mixed Use/Commercial (MC) and a zoning designation of Sub Urban Commercial
(SC).
6. The Planning Department contends that this map amendment is needed based upon the need for
greater detail or comprehensiveness when considering the zoning of properties in Block 2 of the
Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior to the
adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban Residential
Mobile Home as a part of the changes proposed by the 1986 Comprehensive Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10,13-25,28, and 31-34
applied for a Boundary Determination which requested that the zoning be changed from Urban
Residential Mobile Home to Sub Urban Commercial based upon the historically commercial use of
these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change request
made by the owners of Lots 1-10, 13-25, 28, and 31-34, and changed the zoning of these properties
from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (1 I, 12,26,27,29, and
30 ) also found in Block 2 of the Mandalay Subdivision. These properties have remained under the
Urban Residential Mobile Home zoning designation since adoption of the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25, 28, and 31-34 have
retained the Sub Urban Commercial zoning designation as well as the Mixed Use/Commercial Future
Land Use Map designation, while Lots 11, 12,26,27,29, and 30 have kept their Urban Residential
Mobile Home designation and corresponding Residential High Future Land Use Map designation.
12. The exclusion of the six lots (11, 12,26,27,29, and 30) from the 1990 map change created three spot
zones of Urban Residential Mobile Home-designated land surrounded by land zoned Sub Urban
Commercial.
13. In 1999, the property owners of Lots 1 I, 12,27, & 30 requested that their Urban Residential Mobile
Home designation also be changed to Sub Urban Commercial so as justify their current or proposed
uses of these four properties.
Bacc staff report
M # 99146 Kawalski
Page 9
14. On November 24, 2000 Lot 27 was sold to Mr. Gerald Harrington, who spoke at the February 22,
2001 Board of County Commissioners meeting stating his desire to have Lot 27 remain both zoned
Urban Residential- Mobile Home and classified Residential High on the Future Land Use Map.
15. The Planning Department is proposing this map amendment as a way to respond to the requests of
these residents who were left out of the original 1990 map changes, as well as a way to address the
spot zones created by the 1990 map change.
16. The property owners of Lots 26 and 29 were contacted by the Planning Department and invited to
participate in the proposed map amendment, however, these property owners chose not to participate
in favor of retaining their current Residential High and Urban Residential Mobile Home designations.
17. The increased intensity of use which would be allowed under the proposed development potential
will not represent significant impacts on the community character, natural resources, or public
facilities.
CONCLUSIONS
I. The proposed map amendment as requested is consistent with Section 9.5-51 I of the Monroe County
Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce community
character, which is consistent with Objective 101.4.
3. Approving the proposed map amendment will address problematic spot zones created by the previous
1990 map change.
RECOMMENDATION
Based on the findings of fact and conclusions above, the Planning and Environmental Resource
Department recommends APPROVAL of the proposed Future Land Use Map change from Residential
High (RR) to Mixed Use/Commercial (MC) and APPROVAL of the proposed zoning change from
Urban Residential Mobile Home (URM) to Sub Urban Commercial (SC) for Lots 11, 12, and 30 of Block
2 of the Mandalay Subdivision.
Bacc staff report
M # 99146 Kawalski
Page 10
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1998 Experian Aerial Maps
Sheet 25-6
M# 99146
1"=300'
PLANNING COMMISSION
RESOLUTIONS P15-00 and P16-00
From the regular meeting held on
March 22, 2000
RESOLUTION NO. PI5-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY THE MONROE
COUNTY PLANNING DEPARTMENT TO CHANGE THE FUTURE
LAND USE MAP OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RESIDENTIAL HIGH (RH) TO
MIXED USE/COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS
LOTS 11, 12,27, AND 30 OF BLOCK 2, MANDALAY SUBDIVISION,
KEY LARGO, SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
MONROE COUNTY, FLORIDA, AND HAVING THE REAL EST A TE
NUMBERS 00554460-000000, 00554620-000000, AND 00554420-000000.
WHEREAS, during a regular meeting held on March 22, 2000, the Monroe County
Planning Commission conducted a public hearing on the request filed by the Monroe County
Planning Department to amend the Future Land Use Map (FLUM) of the Monroe County Year
2010 Comprehensive Plan from Residential High (RH) to Mixed Use/Commercial (MC) for
property described as Lots 11, 12, 27 and 30 of Block 2, Mandalay Subdivision, Key Largo,
Section 06, Township 62 South, Range 39 East; with the real estate numbers: 00554460-000000,
00554620-000000, and 00554420-000000.
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as a part of the record of said hearing:
I. The application for a FLUM requested by the Monroe County Planning Department
to change from RH to MC; and
2. The staff report prepared by Chad Meadows, Comprehensive Planner, Donny Lang,
Senior Planner, and Sandra Lee, Biologist, dated February 29, 2000; and
3. Comments made by the Development Review Committee; and;
WHEREAS, the Planning Commission has made the following FINDINGS OF FACT
based upon the evidence presented:
1. Section 9.5-511 of the Monroe County Land Development Regulations 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
community character. Objective 101.4 of the Comprehensive Plan requires that the
county regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawai ski and Dana
Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other
commercial uses.
PC FLUM Resolution #M99146
Page 1 of 4
3. The properties in question are composed of Lots 11, 12,27, and 30 of Block 2. Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RH) on the Future Land Use Map, and
as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map.
5. This proposed map amendment seeks to change the current Future Land Use Map
(FLUM) designation of Residential High (RH) to a future land use designation of Mixed
Use/Commercial (MC).
6. The Planning Department contends that this map amendment is needed based upon the
need for greater detail or comprehensiveness when considering the zoning of properties
in Block 2 of the Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior
to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive
Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25,28,
and 31-34 applied for a Boundary Determination which requested that the zoning be
changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the
historically commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change
request made by the owners of Lots 1-10, 13-25,28, and 31-34, and changed the zoning
of these properties from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (11, 12,26,
27, 29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties
have remained under the Urban Residential Mobile Home zoning designation since
adoption of the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10,13-25,28, and 31-34
have retained the Sub Urban Commercial zoning designation as well as the Mixed
Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30
have kept their Urban Residential Mobile Home designation and corresponding
Residential High Future Land Use Map designation.
12. The exclusion of the six lots (11, 12, 26, 27, 29, and 30) from the 1990 map change
created three spot zones of Urban Residential Mobile Home-designated land surrounded
by land zoned Sub Urban Commercial.
13.
In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urban
Residential Mobile Home designation be changed to Sub Urban Commercial, and
In;t;al~
Page 2 of4
PC FLUM Resolution #M99146
corresponding Residential High be changed to Mixed Use/Commercial (MC) FLUM so
as justify their current or proposed uses of these four properties.
14. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 map changes, as well as
a way to address the spot zones created by the 1990 map changes.
15. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however, these property owners
chose not to participate in favor of retaining their current Residential High designation.
16. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities.
WHEREAS, the Planning Commission has made the following CONCLUSIONS OF
LA W based upon the evidence presented:
1. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Monroe County Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with The proposed map amendment as
requested is consistent with Section 9.5-511 of the Monroe County Land Development
Regulations.
3. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 10104.
4. Approving the proposed map amendment will address problematic spot zones created by
the previous 1990 map change.
PC FLUM Resolution #M99146
Page 3 of4
Initia
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend to the Board of County Commissioners APPROV AL to
amend the Future Land Use Map from Residential High (RH) to Mixed Use/Commercial (MC)
for Lots 11, 12,27, & 30 of Block 2, Mandalay Subdivision, Key Largo.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 22nd day of March, 2000.
Chair Mapes
Commissioner Marr
Commissioner Werling
Commissioner Stuart
Commissioner Hill
YES
YES
YES
ABSENT
ABSENT
PLANNING COMMISSION OF MONROE COUNTY
1-
/~
, ,
:I ~ynn M~Pes: ~~~ -
By
Signed this ~y of
\ '
'J
, 2000.
APPROVED AS TO FORM
~LEGALSUFF~
BY ~~~
Attorney's Office
PC FLUM Resolution #M99146
Page 4 of 4
Initials
RESOLUTION NO. P16-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSONERS OF THE REQUEST BY THE MONROE
COUNTY PLANNING DEPARTMENT TO CHANGE THE MONROE
COUNTY ZONING MAP FROM URBAN RESIDENTIAL MOBILE
HOME (URM) TO SUB URBAN COMMERCIAL (SC) FOR PROPERTY
DESCRIBED AS LOTS 11, 12,27, AND 30 OF BLOCK 2, MANDALAY
SUBDIVISION, KEY LARGO, SECTION 06, TOWNSHIP 62 SOUTH,
RANGE 39 EAST, MONROE COUNTY, FLORIDA, AND HAVING THE
REAL ESTATE NUMBERS 00554460-000000, 00554620-000000, AND
00554420-000000.
WHEREAS, during a regular meeting held on March 22, 2000, the Monroe County
Planning Commission conducted a public hearing on the request filed by the Monroe County
Planning Department to amend the Monroe County Zoning Map from Urban Residential Mobile
Home (URM) to Sub Urban Commercial (SC) for property described as Lots 11, 12,27 and 30
of Block 2, Mandalay Subdivision, Key Largo, Section 06, Township 62 South, Range 39 East;
with the real estate numbers: 00554460-000000,00554620-000000, and 00554420-000000.
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as a part of the record of said hearing:
1. The application for zoning map amendments as requested by the Monroe County
Planning Department to change from URM to SC; and
2. The staff report prepared by Chad Meadows, Comprehensive Planner, Donny Lang,
Senior Planner, and Sandra Lee, Biologist, dated February 29, 2000; and
3. Comments made by the Development Review Committee; and;
WHEREAS, the Planning Commission has made the following FINDINGS OF FACT
based upon the evidence presented:
1. Section 9.5-511 of the Monroe County Land Development Regulations 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
community character. Objective 101.4 of the Comprehensive Plan requires that the
county regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dan,a
Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other
commercial uses.
PC LUM Resolution #M99146
Page 1 of 4
3. The properties in question are composed of Lots 11, 12,27, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RH) on the Future Land Use Map, and
as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map.
5. This proposed map amendment seeks to change the current Urban Residential Mobile
Home (URM) designation to a zoning designation of Sub Urban Commercial (SC).
6. The Planning Department contends that this map amendment is needed based upon the
need for greater detail or comprehensiveness when considering the zoning of properties
in Block 2 of the Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior
to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive
Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25,28,
and 31-34 applied for a Boundary Determination which requested that the zoning be
changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the
historically commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change
request made by the owners of Lots 1-10, 13-25,28, and 31-34, and changed the zoning
of these properties from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (11, 12,26,
27, 29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties
have remained under the Urban Residential Mobile Home zoning designation since
adoption of the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25,28, and 31-34
have retained the Sub Urban Commercial zoning designation as well as the Mixed
Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30
have kept their Urban Residential Mobile Home designation and corresponding
Residential High Future Land Use Map designation.
12. The exclusion of the six lots (11, 12, 26, 27, 29, and 30) from the 1990 map change
created three spot zones of Urban Residential Mobile Home-designated land surrounded
by land zoned Sub Urban Commercial.
13. In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urbap
Residential Mobile Home designation also be changed to Sub Urban Commercial so as
justify their current or proposed uses of these four properties.
PC LUM Resolution #M99146
Page 2 of 4
14. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 map changes, as well as
a way to address the spot zones created by the 1990 map changes.
15. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however. these property owners
chose not to participate in favor of retaining their current Urban Residential Mobile
Home designation.
16. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities.
WHEREAS, the Planning Commission made the following CONCLUSIONS OF LAW
based upon the evidence presented:
1. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Monroe County Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with the proposed map amendment as
requested is consistent with Section 9.5-511 of the Monroe County Land Development
Regulations.
3. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 101.4.
4. Approving the proposed map amendment will address problematic spot zones created by
the previous 1990 map change.
PC LUM Resolution #M99146
Page 3 of 4
InitiaIS~
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend to the Board of County Commissioners APPROVAL to
amend the Zoning Map from Urban Residential Mobile Home (URM) to Sub Urban Commercial
(SC) for Lots 11, 12,27, & 30 of Block 2 Mandalay Subdivision, Key Largo.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 22nd day of March, 2000.
Chair Mapes
Commissioner Marr
Commissioner Werling
Commissioner Stuart
'1 Commissioner Hill
PLANNING C~~SSION \' MONROE COUNTY
By \~-ih,________ ~ fl\.~;. _ _
{ Lynn Mapes, C~air
. .
YES
YES
YES
ABSENT
ABSENT
Signed this ~ay of
, 2000.
\j
APPROVED AS TO FORM
By~7~~
Attorney's Office
PC LUM Resolution #M99146
Page 4 of 4
Initials
DEVELOPMENT REVIEW COMMITTEE
RESOLUTIONS
D03-00 AN D D04-00
From a regular meeting held on
March 2, 2000
DRC RESOLUTION NO. D03-00
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITIEE RECOMMENDING APPROVAL TO THE
PLANNING COMMISSION OF THE REQUEST BY MONROE COUNTY
TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL
HIGH (RH) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY
DESCRIBED AS LOTS 11, 12,27, AND 30 OF BLOCK 2, MANDALAY
SUBDIVISION, KEY LARGO, SECTION 06, TOWNSHIP 62 SOUTH,
RANGE 39 EAST, MONROE COUNTY, FLORIDA, AND HAVING THE
REAL EST ATE NUMBERS 00554460-000000, 00554620-000000, AND
00554420-000000.
WHEREAS, The Monroe County Development Review Committee during a regular
meeting held on March 2, 2000 conducted a review and consideration of the request filed by The
Monroe County Planning Department to amend the Future Land Use Map (FLUM) of the
Monroe County Year 2010 Comprehensive Plan from Residential High (RH) to Mixed
Use/Commercial (MC) for property described as Lots 11, 12, 27 and 30 of Block 2, Mandalay
Subdivision, Key Largo, Section 06, Township 62 South, Range 39 East; with the real estate
numbers 00554460-000000, 00554620-000000, and 00554420-000000.
WHEREAS, the Development Review Committee examined the following information:
1. The application for a FLUM requested by the Monroe County Planning Department
to change from RH to MC; and
2. The staff report prepared by Chad Meadows, Comprehensive Planner, Donny Lang,
Senior Planner, and Sandra Lee, Biologist, dated February 29, 2000; and
3. Comments made by the Development Review Committee; and;
WHEREAS, the Development Review Committee made the following FINDINGS OF
F ACT based upon the evidence presented:
I. Section 9.5-511 of the Monroe County Land Development Regulations 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
community character. Objective 101.4 of the Comprehensive Plan requires that the
county regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dana
Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other
commercial uses.
ORe Resolution #M991""
Page I of4
Initials d
3. The properties in question are composed of Lots 11, 12,27, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RH) on the Future Land Use Map, and
as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map.
5. This proposed map amendment seeks to change the current Urban Residential Mobile
Home (URM) designation to a zoning designation of Sub Urban Commercial (SC).
6. The Planning Department contends that this map amendment is needed based upon the
need for greater detail or comprehensiveness when considering the zoning of properties
in Block 2 of the Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior
to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive
Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25,28,
and 31-34 applied for a Boundary Determination which requested that the zoning be
changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the
historically commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change
request made by the owners of Lots 1-10, 13-25,28, and 31-34, and changed the zoning
of these properties from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (11, 12,26,
27, 29, and 30 ) also found in Block 2 of the Mand.alay Subdivision. These properties
have remained under the Urban Residential Mobile Home zoning designation since
adoption of the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25,28, and 31-34
have retained the Sub Urban Commercial zoning designation as well as the Mixed
Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30
have kept their Urban Residential Mobile Home designation and corresponding
Residential High Future Land Use Map designation.
. 12. The exclusion of the six lots (11, 12, 26, 27, 29, and 30) from the 1990 map change
created three spot zones of Urban Residential Mobile Home-designated land surrounded
by land zoned Sub Urban Commercial.
DRC Resolution #M99lqll
Page 2 of 4
Initials
ff-
13. In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urban
Residential Mobile Home designation also be changed to Sub Urban Commercial so as
justify their current or proposed uses of these four properties.
14. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 rezoning, as well as a
way to address the spot zones created by the 1990 rezoning.
15. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however, these property owners
chose not to participate in favor of retaining their current Urban Residential Mobile
Home designation.
16. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities.
WHEREAS, the Development Review Committee made the following CONCLUSIONS
based upon the evidence presented:
1. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Monroe County Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with The proposed map amendment as
requested is consistent with Section 9.5-511 of the Monroe County Land Development
Regulations.
3. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 101.4.
4. Approving the proposed map amendment will address problematic spot zones created by
the previous 1990 map change.
5. Approving the proposed map amendment will address problematic spot zones created by
the previous 1990 map change.
DRC Resolution #M991 &l (,
Page 3 of 4
Initials
ZF-
NOW THEREFOIlE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the
Planning Commission of the request by the Monroe County Planning Department to amend the
Future Land Use Map from Residential High (RH) to Mixed Use/Commercial (MC).
PASSED AND ADOPTED by the Development Review Committee of Monroe County,
Florida at a regular meeting held on the 2nd day of March, 2000.
Edward Koconis, DRC Chair
Donny Lang, Senior Planner
Ralph Gouldy, Environmental Planner
Department of Public Works (by fax)
Department of Engineering (by fax)
Department of Environmental Health
Department of Community Affairs
YES
YES
YES
YES
YES
ABSENT
ABSENT
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
By &Ql1bl~~c[~
Edward Koconis, DRC Chair
Signed this 6::UL day of ~
, 2000.
DRe Resolution #M99/ ~
Page 4 of 4
Initials ~
DRC RESOLUTION NO. D04-00
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROV AL TO THE
PLANNING COMMISSION OF THE REQUEST BY MONROE COUNTY
TO CHANGE THE MONROE COUNTY ZONING MAP FROM URBAN
RESIDENTIAL MOBILE HOME (URM) TO SUB URBAN
COMMERCIAL (SC) FOR PROPERTY DESCRIBED AS LOTS 11,12,27,
AND 30 OF BLOCK 2, MANDALA Y SUBDIVISION, KEY LARGO,
SECTION 06, TOWNSIDP 62 SOUTH, RANGE 39 EAST, MONROE
COUNTY, FLORIDA, AND HAVING THE REAL ESTATE NUMBERS
00554460-000000, 00554620-000000, AND 00554420-000000.
WHEREAS, The Monroe County Development Review Committee during a regular
meeting held on March 2, 2000 conducted a review and consideration of the request filed by The
Monroe County Planning Department to amend the Monroe County Zoning Map from Urban
Residential Mobile Home (URM) to Sub Urban Commercial (SC) for property described as Lots
11, 12, 27 and 30 of Block 2, Mandalay Subdivision, Key Largo, Section 06, Township 62
South, Range 39 East; with the real estate numbers 00554460-000000, 00554620-000000, and
00554420-000000.
WHEREAS, the Development Review Committee examined the following information:
1. The application for zoning map amendments as requested by the Monroe County
Planning Department to change from URM to SC; and
2. The staff report prepared by Chad Meadows, Comprehensive Planner, Donny Lang,
Senior Planner, and Sandra Lee, Biologist, dated February 29,2000; and
3. Comments made by the Development Review Committee; and;
WHEREAS, the Development Review Committee made the following FINDINGS OF
FACT based upon the evidence presented:
1. Section 9.5-511 of the Monroe County Land Development Regulations 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
community character. Objective 101.4 of the Comprehensive Plan requires that the
county regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dana
Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other
commercial uses.
DRC Resolution #M991 'fit
Page 1 of 4
Initials ~
3. The properties in question are composed of Lots 11, 12,27, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RH) on the Future Land Use Map, and
as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map.
5. This proposed map amendment seeks to change the current future land use map (PLUM)
designation of Residential High (RH) to a future land use designation of Mixed
Use/Commercial (MC).
6. The Planning Department contends that this map amendment is needed based upon the
need for greater detail or comprehensiveness when considering the zoning of properties
in Block 2 of the Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivisio"n were zoned BU-2 prior
to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive
Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25,28,
and 31-34 applied for a Boundary Determination which requested that the zoning be
changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the
historically commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change
request made by the owners of Lots 1-10, 13-25, 28, and 31-34, and changed the zoning
of these properties from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (11, 12,26,
27, 29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties
have remained under the Urban Residential Mobile Home zoning designation since
adoption of the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25,28, and 31-34
have retained the Sub Urban Commercial zoning designation as well as the Mixed
Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30
have kept their Urban Residential Mobile Home designation . and corresponding
Residential High Future Land Use Map designation.
12. The exclusion of the six lots (II, 12, 26, 27, 29, and 30) from the 1990 map change
created three spot zones of Urban Residential Mobile Home-designated land surrounded
by land zoned Sub Urban Commercial.
DRe Resolution #M99/&f(P
Page 2 of4
Initials ~
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIE\V
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the
Planning Commission of the request to amend the Zoning Map from Urban Residential Mobile
Home (URM) to Sub Urban Commercial (SC).
PASSED AND ADOPTED by the Development Review Committee of Monroe County,
Florida at a regular meeting held on the 2nd day of March, 2000.
Edward Koconis, DRC Chair
Donny Lang, Senior Planner
Ralph Gouldy, Environmental Planner
Department of Public Works (by fax)
Department of Engineering (by fax)
Department of Environmental Health
Department of Community Affairs
YES
YES
YES
YES
YES
ABSENT
ABSENT
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
By r~.Q)Jl~ \<~
Edward Koconis, DRC Chair
Signed this 6d:b. day of If\~('( n
, 2000.
ORe Resolution #M99 I &t{"
Page 4 of 4
Initials d-
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The Monroe County Land Use Map is ~ to be "
amended as indicated above and briefly described as: Chanae
zoni~ fi'an UBM to SC ~2J!;gj1~ 12 RE# 554460 and Block 2, Lot 30 REI
554420 of Mandalav Subdivision 1 Kev laoo, Mile Marker 97.7:l:
Pursuant to:
EffedIve Dale:
Director of Planning and Environmental Resources Date
Amendment#: M99146 Sheet ##: 139
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