Item I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 11, 2002
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning Department
AGENDA ITEM WORDING: Public hearing to consider the request by Dancing Bear Properties,
LLP to amend the Future Land Use Map from Residential Medium (RM) to Mixed Use/ Commercial
(MC) and to amend the Land Use District (zoning) map from Improved Subdivision (IS) to Suburban
Commercial (SC).
ITEM BACKGROUND: This proposed Future Land Use Map and Land Use District Map
amendment requested was heard by the Development Review Committee on February 19, 2002, and
denial was recommended to the Planning Commission. On February 27, 2002, the Planning
Commission recommended denial to the Board of County Commissioners. Since property was not
posted properly to be heard for the August 21 meeting, the Planning Department requested that the
public hearing on this request be continued to September 11, 2002, at 5 :05 p.m., at the Key Largo
Library. [A public hearing on the County's FY 2003 Budget has been previously scheduled to start
at 5:00 p.m. on September 11,2002, at the Key Largo Library.]
PREVIOUS REVELANT BOCC ACTION: Continued from the August 21, 2002 Board of County
Commissioners meeting.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Denial
N/A
BUDGETED: Yes N/ A No
TOT AL COST:
COST TO COUNTY:N/A
REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH Year
Included X To Follow
. sk Management N/ A
\
APPROVED BY:
County Atty ~ OMB/Purchasing N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Not Required_
DISPOSITION:
AGENDA ITEM # L
'~
~
.Y
PROPOSED FUTURE LAND USE AMENDMENT
RESIDENTIAL MEDIUM (RM)
TO MIXED USE/ COMMERCIAL (MC)
&
PROPOSED ZONING AMENDMENT
IMPROVED SUBDIVISION (IS)
TO SUBURBAN COMMERCIAL (SC)
THE REQUEST FILED BY THE APPLICANT TO AMEND THE FUTURE LAND
USE MAP DESIGNATION FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE/
COMMERCIAL (MC) AND CHANGE THE LAND USE DISTRICT MAP (ZONING)
FROM IMPROVED SUBDIVISION (IS) TO SUBURBAN COMMERCIAL (SC) FOR
PROPERTY LOCATED ON KEY LARGO AND IS FURTHER DESCRIBED AS
LOTS 4, 5, 6, & 22, BLOCK 1, SEASIDE SUBDIVISION, MONROE COUNTY,
FLORIDA, RE# 00505800.000000, 00491690.000000, 00491700.000000,
00491590.000000,00491600.000000, and 00491610.000000.
FUTURE LAND USE RECOMMENDATIONS
DRC Denial
February 19, 2002
Resolution # D02-02
PC Denial
February 27, 2002
Resolution # P56-02
ZONING RECOMMENDATIONS
DRC Denial
February 19, 2002
Resolution #D03-02
PC Denial
February 27, 2002
Resolution #P57-02
RESOLUTION NO. -02
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DENY A REQUEST BY HOWARD AND
LYNDA KOLBENHEYER AND DANCING BEAR PROPERTIES, LLP.
TO AMEND THE FUTURE LAND USE MAP (FLUM) FROM
RESIDENTIAL MEDIUM (RM) TO MIXED USE/ COMMERCIAL
(MC) FOR PROPERTY LOCATED ON KEY LARGO AND IS
FURTHER DESCRIBED AS LOTS 4, 5, 6, & 22, BLOCK 1, SEASIDE
SUBDNISION, MONROE COUNTY, FLORIDA, RE#
00505800.000000, 00491690.000000, 00491700.000000,
00491590.000000,00491600.000000, and 00491610.000000.
WHEREAS, during a meeting held on September 11, 2002, the Monroe County
Board of County Commissioners conducted a public hearing on the request by the
applicant for an amendment to the Future Land Use Map (FLUM) from Residential
Medium (RM) to Mixed Use/ Commercial (MC); and
WHEREAS, The Monroe County Board of County Commissioners examined the
following information:
1. The application for an amendment to change the Future Land Use Map from
Residential Medium (RM) to Mixed Use/ Commercial (MC); and
2. The Staff Report prepared on August 19, 2002 by Jeffrey Stuncard, Senior Planner
and Niko Reisinger, Biologist.
WHEREAS, the Monroe County Board of County Commissioners has made the
following Findings of Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under one or
more of the six listed conditions; specifically, new issues and data updates. Both new
issues and data updates were listed due to the rezoning on nearby lots 7-11
(American Legion site), the large size of one of the parcels, and the historic use of the
site for parking.
2. Section 9.5-511 of the Monroe County Code places the burden of justification on the
applicant when overturning the existing land use designations previously set by the
Board of County Commissioners.
3. Section 9.5-511 (d)(5)b of the Monroe County Code prohibits a change which
negatively impacts the community character. Objective 101.4 of the Monroe County
Year 2010 Comprehensive Plan requires that the County regulate future development
to maintain the character of the community.
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4. The pre-1986 zoning of the subject properties was Single-Family Residential (RU-l).
5. 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).
6. 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]
7. 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).
8. 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 accommodate the residential uses. Development on
vacant land within this category shall be limited to one residential dwelling unit for
each such platted lot or parcel which existed at the time of plan adoption.
9. Section 9.5-143 stipulates that nonconforming uses shall not be extended or result in
the occupancy of additional lands. The existing structure on lot 22 would violate this
section if the rezoning were approved.
10. The Residential Medium (RM) Future Land Use category corresponds with only one
land use (zoning) district, Improved Subdivision (IS).
11. Therefore, the current Residential Medium (RM) Future Land Use category is the
most appropriate land use category for the subject properties.
WHEREAS, the Monroe County Board of County Commissioners made the
following Conclusions of Law:
1. The proposed amendment does not meet the criteria outlined in Section 9.5-511 of the
Monroe County Code in that it will negatively impact the community character.
2. The applicant has not proven that the proposed land use change is consistent with
Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan, which
requires that the County regulate future development to maintain the character of the
community.
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3. The subject properties are in the appropriate Future Land Use Map designation
(FLUM) and are consistent with Objective 101.4 of the Monroe County Year 2010
Comprehensive Plan when reviewing the community character.
4. The new issues and data updates presented by the applicant are an insufficient basis
for consideration of the requested Future Land Use Map (FLUM) change; NOW
THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, to recommend denial of the request filed by the
applicant to amend the Future Land Use Map from Residential Medium (RM) to Mixed
Use/Commercial (MC) for property located on Key Largo and is further described as
Lots 4, 5, 6, & 22, Block 1, Seaside Subdivision, Monroe County, Florida, RE#
00505800.000000, 00491690.000000, 00491700.000000, 00491590.000000,
00491600.000000, and 00491610.000000.
PASSED AND ADOPTED By the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 11 th day of September 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Murray Nelson
Commissioner Bert Jimenez
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY KOLHAGE, CLERK
BY
DEPUTY CLERK
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RESOLUTION NO. -02
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DENY A REQUEST BY HOWARD AND
LYNDA KOLBENHEYER AND DANCING BEAR PROPERTIES, LLP.
TO AMEND THE LAND USE DISTRICT MAP (ZONING) FROM
IMPROVED SUBDNISION (IS) TO SUBURBAN COMMERCIAL
(SC) FOR PROPERTY LOCATED ON KEY LARGO AND IS
FURTHER DESCRIBED AS LOTS 4, 5, 6, & 22, BLOCK 1, SEASIDE
SUBDNISION, MONROE COUNTY, FLORIDA, RE#
00505800.000000, 00491690.000000, 00491700.000000,
00491590.000000,00491600.000000, and 00491610.000000.
WHEREAS, during a meeting held on September 11, 2002, the Monroe County
Board of County Commissioners conducted a public hearing on the request by the
applicant for an amendment to the Land Use District Map (zoning) from Improved
Subdivision (IS) to Suburban Commercial (SC).
WHEREAS, The Monroe County Board of County Commissioners examined the
following information:
1. The application for an amendment to change the Land Use District Map (zoning)
from Improved Subdivision (IS) to Suburban Commercial (SC); and
2. The Staff Report prepared on August 19, 2002 by Jeffrey Stuncard, Senior Planner
and Niko Reisinger, Biologist.
WHEREAS, the Monroe County Board of County Commissioners has made the
following Findings of Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under one or
more of the six listed conditions; specifically, new issues and data updates. Both new
issues and data updates were listed due to the rezoning on nearby lots 7-11
(American Legion site), the large size of one of the parcels, and the historic use of the
site for parking.
2. Section 9.5-511 of the Monroe County Code places the burden of justification on the
applicant when overturning the existing land use designations previously set by the
Board of County Commissioners.
3. Section 9.5-511 (d)(5)b of the Monroe County Code prohibits a change which
negatively impacts the community character comprehensive plan. Objective 101.4 of
the Monroe County Year 2010 Comprehensive Plan requires that the County regulate
future development to maintain the character of the community.
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4. The pre-1986 zoning of the subject properties was Single-Family Residential (RU-l).
5. 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).
6. 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]
7. 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).
8. 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 accommodate the residential uses. Development on
vacant land within this category shall be limited to one residential dwelling unit for
each such platted lot or parcel which existed at the time of plan adoption.
9. 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.
10. Section 9.5-143 stipulates that nonconforming uses shall not be extended or result in
the occupancy of additional lands. The existing structure on lot 22 would violate this
section if the rezoning were approved.
11. The Residential Medium (RM) Future Land Use category corresponds with only one
land use (zoning) district, Improved Subdivision (IS).
12. Therefore, the current Residential Medium (RM) Future Land Use category is the
most appropriate land use category for the subject properties.
WHEREAS, the Monroe County Board of County Commissioners made the
following Conclusions of Law:
1. The proposed amendment does not meet the criteria outlined in Section 9.5-511 of the
Monroe County Code in that it will negatively impact the community character.
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2. The applicant has not proven that the proposed land use change is consistent with
Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan, which
requires that the County regulate future development to maintain the character of the
community.
3. The subject properties are in the appropriate existing land use district (zoning) is
consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive
Plan when reviewing the community character.
4. The new issues and data updates presented by the applicant are an insufficient basis
for consideration of the requested Land Use District Map (zoning) amendment; NOW
THEREFORE,
BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, to recommend denial of the request filed by the
applicant to amend the Land Use District Map (zoning) from Improved Subdivision (IS)
to Suburban Commercial (SC) for property located on Key Largo and is further described
as Lots 4, 5, 6, & 22, Block 1, Seaside Subdivision, Monroe County, Florida, RE#
00505800.000000, 00491690.000000, 00491700.000000, 00491590.000000,
00491600.000000, and 00491610.000000.
PASSED AND ADOPTED By the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 11 th day of September 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Murray Nelson
Commissioner Bert Jimenez
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY KOLHAGE, CLERK
BY
DEPUTY CLERK
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Memorandum
To: The Board of County Commissioners
From: K. Marlene Conaway, Director of Planning
Date: August 19,2002
SUBJECT: SNAPPER'S FLUM (FUTURE LAND USE MAP) AND LAND USE
DISTRICT (ZONING) CHANGE
MEETING DATE:
September II, 2002
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.
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 US 1 and across
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Existing Use:
Neighboring Land Uses
and Character:
Existing Habitat:
Land Use Habitat on the
1985 Existing Conditions
Aerials:
the street (Seaside Avenue) from the existing Snapper's
Restaurant at MM 94.5.
Lots 4, 5, and 6 are currently vacant. Lot 22 has a residential
structure of approximately 800 square feet, and is currently
serving as overflow parking for Snapper's Restaurant.
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).
The lots are disturbed, with isolated native trees.
Page 258 of the Monroe 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-l; Single-Family Residential.
The 1986 Comprehensive
Considerations During
Planning Process:
Consideration During the
2010 Comprehensive
Planning Process:
The pre-1986 zoning was RU-l 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-l.
The entire property was categorized Residential Medium
(RM), which is consistent with Improved Subdivision (IS).
ANAL YSIS AND RATIONALE FOR CHANGE [Pursuant to Section 9.5-511(d)(5)b.]
Changed Projections: None
Changed Assumptions:
None
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Data Errors:
None
New Issues:
According to the applicant, the zoning on lots seven through
eleven has been changed to Suburban Commercial (Se). 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 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
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. Staff s research has not uncovered any approved documentation from the
Planning Department 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 (Se). 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-] 1 to SC is the only data update (Please refer to New
Issues, # 1).
IMPACT AND POLICY ANALYSIS:
Comparison of Development Potential for the Current and Proposed Land Use
Districts:
(current)
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Improved Subdivision:
(proposed)
Suburban Commercial:
Compatibility With
Adjacent Land Uses and
Effects on Community
Character:
Density and Intensity:
Use Compatibility:
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.
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
that are consistent with the community character and the
natural environment.
Section 9.5-511 of the Monroe County Code prohibits any
amendments that would negatively impact community
character. Objective 101.4 of the Monroe County Year 2010
Comprehensive Plan calls for the County to maintain
community character and protect natural resources through a
distribution of land uses consistent with the designations
shown on the Future Land Use Map.
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 increased.
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 acre.
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 repercussions
including traffic congestion, noise, and odors.
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In addition, rezoning lot 22 to Suburban Commercial would
then render the existing residential structure nonconforming.
Effects on Natural
Resources and Public
Facilities:
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 of the Monroe
County Year 2010 Comprehensive Plan (direct growth away
from sensitive land).
FINDINGS OF FACT:
1. 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.
2. Section 9.5-511 of the Monroe County Code places the burden of justification on the
applicant when overturning the existing land use designations previously set by the Board
of County Commissioners.
3. Section 9.5-511 also prohibits a change that negatively impacts the community character.
Objective 101.4 requires that the County regulate future development to maintain the
character of the community.
4. The pre-1986 zoning of the subject properties was Single-Family Residential (RU-l).
5. 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).
6. 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]
7. 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).
8. 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 accommodate the residential uses. Development on vacant land
within this category shall be limited to one residential dwelling unit for each such platted
lot or parcel which existed at the time of plan adoption.
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9. 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.
10. Section 9.5-143 stipulates that nonconforming uses shall not be extended or result in the
occupancy of additional lands. The existing residential structure on lot 22 would violate
this section if the rezoning were approved.
11. The Residential Medium (RM) Future Land Use category corresponds with only one land
use (zoning) district, Improved Subdivision (IS).
12. Therefore, the current Residential Medium (RM) Future Land Use category is the most
appropriate land use category for the subject properties.
CONCLUSIONS:
1. The proposed amendment does not meet the criteria outlined in Section 9.5-511 of the
Monroe County Code in that it will negatively impact the community character.
2. The applicant has not proven that the proposed land use change is consistent with
Objective 101.4, which requires that the County regulate future development to maintain
the character of the community.
3. The subject properties are in the appropriate existing land use district (zoning) and Future
Land Use Map designation (FL UM), and are consistent with Objective 101.4 when
reviewing the community character.
4. The new issues and data updates presented by the applicant are an insufficient basis for
consideration of the requested Land Use District Map (zoning) amendment and Future
Land Use Map (FLUM) change.
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 (FLUM) amendment from Residential Medium (RM) to Mixed Use/
Commercial (MC).
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PLANNING COMMISSION RESOLUTION NO. P56-02
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
TO DENY A REQUEST BY HOWARD AND LYNDA KOLBENHEYER
AND DANCING BEAR PROPERTIES, LLP. TO AMEND THE FUTURE
LAND USE MAP (FLUM) FROM RESIDENTIAL MEDIUM (RM) TO
MIXED USE/ COMMERCIAL (MC) FOR PROPERTY LOCATED ON KEY
LARGO AND IS FURTHER DESCRIBED AS LOTS 4, 5, 6, & 22, BLOCK 1,
SEASIDE SUBDIVISION, MONROE COUNTY, FLORIDA, RE#
00505800.000000, 00491690.000000, 00491700.000000, 00491590.000000,
00491600.000000, and 00491610.000000.
WHEREAS, during a regular meeting held on February 27, 2002, the Monroe County
Planning Commission conducted a public hearing on the request by the applicant for an
amendment to the Future Land Use Map (FLUM) from Residential Medium (RM) to Mixed Use/
Commercial (MC); and
WHEREAS, The Monroe County Planning Commission examined the following
information:
1. The application for an amendment to change the Future Land Use Map from Residential
Medium (RM) to Mixed Use/ Commercial (MC); and
2. The Staff Report prepared on February 12, 2002 by Jeffrey Stuncard, Senior Planner and
Niko Reisinger, Biologist; and
3. The sworn testimony of the Growth Management Staff; and
4. Comments from the applicant; and
5. Comments by the public; and
6. Comments by John J. Wolfe, Planning Commission Counsel; and
WHEREAS, the Planning Commission has made the following Findings of Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under one or
more of the six listed conditions; specifically, new issues and data updates. Both new
issues and data updates were listed due to the rezoning on nearby lots 7-11
(American Legion site), the large size of one of the parcels, and the historic use of the
site for parking.
2. Section 9.5-511 of the Monroe County Code places the burden of justification on the
applicant when overturning the existing land use designations previously set by the
Board of County Commissioners.
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3. Section 9.5-511 (d)(5)b of the Monroe County Code 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.
4. The pre-1986 zoning ofthe subject properties was Single-Family Residential (RU-l).
5. 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).
6. 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]
7. 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).
8. 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 accommodate the residential uses. Development on
vacant land within this category shall be limited to one residential dwelling unit for
each such platted lot or parcel which existed at the time of plan adoption.
9. 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.
10. Section 9.5-143 stipulates that nonconforming uses shall not be extended or result in
the occupancy of additional lands. The existing structure on lot 22 would violate this
section if the rezoning were approved.
11. The Residential Medium (RM) Future Land Use category corresponds with only one
land use (zoning) district, Improved Subdivision (IS).
12. Therefore, the current Residential Medium (RM) Future Land Use category is the
most appropriate land use category for the subject properties.
C:\TEMP\Snapper's PC FLUM Denial Resolution.docPage 2 of 3
WHEREAS, the Monroe County Planning Commission made the following
Conclusions of Law:
1. The proposed amendment does not meet the criteria outlined in Section 9.5-511 of the
Monroe County Code in that it will negatively impact the community character.
2. The applicant has not proven that the proposed land use change is consistent with
Objective 101.4, which requires that the County regulate future development to
maintain the character of the community.
3. The subject properties are in the appropriate existing land use district (zoning) and
Future Land Use Map designation (FLUM), and are consistent with Objective 101.4
when reviewing the community character.
4. The new issues and data updates presented by the applicant are an insufficient basis
for consideration of the requested Land Use District Map (zoning) amendment and
Future Land Use Map (FLUM) change; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, TO RECOMMEND DENIAL TO THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS, THE REQUEST FILED BY THE APPLICANT TO
AMEND THE FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO
MIXED USE/ COMMERCIAL (MC) FOR PROPERTY LOCATED ON KEY LARGO AND IS
FURTHER DESCRIBED AS LOTS 4, 5, 6, & 22, BLOCK 1, SEASIDE SUBDIVISION,
MONROE COUNTY, FLORIDA, RE# 00505800.000000, 00491690.000000, 00491700.000000,
00491590.000000, 00491600.000000, and 00491610.000000.
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida, at
a regular meeting held on the 27th day of February 2002.
Chair David C. Ritz
Vice Chair Denise Werling
Commissioner P. Morgan Hill
Commissioner Jerry Coleman
Commissioner Alicia Putney
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
David C. Ritz, Chair
Signed this _ day of
,2002
C:\TEMP\Snapper's PC FLUM Denial Resolution.docPage 3 of 3
PLANNING COMMISSION RESOLUTION NO. P57-02
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION TO DENY A REQUEST BY HOWARD AND LYNDA
KOLBENHEYER AND DANCING BEAR PROPERTIES, LLP. TO
AMEND THE LAND USE DISTRICT MAP (ZONING) FROM
IMPROVED SUBDIVISION (IS) TO SUBURBAN COMMERCIAL
(SC) FOR PROPERTY LOCATED ON KEY LARGO AND IS
FURTHER DESCRIBED AS LOTS 4, 5, 6, & 22, BLOCK 1, SEASIDE
SUBDIVISION, MONROE COUNTY, FLORIDA, RE#
00505800.000000, 00491690.000000, 00491700.000000,
00491590.000000,00491600.000000, and 00491610.000000.
WHEREAS, during a regular meeting held on February 27, 2002, the Monroe
County Planning Commission conducted a public hearing on the request by the applicant
for an amendment to the Land Use District Map (zoning) from Improved Subdivision
(IS) to Suburban Commercial (SC); and
WHEREAS, The Monroe County Planning Commission examined the following
information:
1. The application for an amendment to change the Land Use District Map (zoning)
from Improved Subdivision (IS) to Suburban Commercial (SC); and
2. The Staff Report prepared on February 12, 2002 by Jeffrey Stuncard, Senior Planner
and Niko Reisinger, Biologist; and
3. The sworn testimony of the Growth Management Staff; and
4. Comments from the applicant; and
5. Comments by the public; and
6. Comments by John 1. Wolfe, Planning Commission Counsel; and
WHEREAS, the Planning Commission has made the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under one or
more of the six listed conditions; specifically, new issues and data updates. Both new
issues and data updates were listed due to the rezoning on nearby lots 7-11
(American Legion site), the large size of one of the parcels, and the historic use of the
site for parking.
C:\TEMP\Snapper's PC Zoning Denial Resolution.docPage I of 4
2. Section 9.5-511 of the Monroe County Code places the burden of justification on the
applicant when overturning the existing land use designations previously set by the
Board of County Commissioners.
3. Section 9.5-511 (d)(5)b of the Monroe County Code 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.
4. The pre-1986 zoning of the subject properties was Single-Family Residential (RU-l).
5. 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).
6. 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]
7. The Future Land Use Map (FLUM) ofthe Monroe County year 2010 Comprehensive
Plan followed the land use (zoning) district boundaries, categorizing the FLUM for
the subject properties Residential Medium (RM).
8. 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 accommodate the residential uses. Development on
vacant land within this category shall be limited to one residential dwelling unit for
each such platted lot or parcel which existed at the time of plan adoption.
9. 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.
10. Section 9.5-143 stipulates that nonconforming uses shall not be extended or result in
the occupancy of additional lands. The existing structure on lot 22 would violate this
section if the rezoning were approved.
11. The Residential Medium (RM) Future Land Use category corresponds with only one
land use (zoning) district, Improved Subdivision (IS).
C:\TEMP\Snapper's PC Zoning Denial Resolution.docPage 2 of 4
WHEREAS, the Monroe County Planning Commission made the following
Conclusions of Law:
1. The proposed amendment does not meet the criteria outlined in Section 9.5-511 of
the Monroe County Code in that it will negatively impact the community character.
2. The applicant has not proven that the proposed land use change is consistent with
Objective 101.4, which requires that the County regulate future development to
maintain the character of the community.
3. The subject properties are in the most appropriate 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.
4. The new issues and data updates presented by the applicant are an insufficient basis
for consideration of the requested Land use District Map (zoning) amendment and
Future Land Use Map (FLUM) change; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, TO RECOMMEND DENIAL TO THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS, THE REQUEST FILED BY THE
APPLICANT TO AMEND THE LAND USE DISTRICT MAP (ZONING) FROM
IMPROVED SUBDIVISION (IS) TO SUBURBAN COMMERCIAL (SC) FOR
PROPERTY LOCATED ON KEY LARGO AND IS FURTHER DESCRIBED AS
LOTS 4, 5, 6, & 22, BLOCK 1, SEASIDE SUBDIVISION, MONROE COUNTY,
FLORIDA, RE# 00505800.000000, 00491690.000000, 00491700.000000,
00491590.000000, 00491600.000000, and 00491610.000000.
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida, at a regular meeting held on the 2ih day of February 2002.
Chair David C. Ritz
Vice Chair Denise Werling
Commissioner P. Morgan Hill
Commissioner Jerry Coleman
Commissioner Alicia Putney
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
David C. Ritz, Chair
Signed this _ day of
,2002
C:\TEMP\Snapper's PC Zoning Denial Resolution.docPage 3 of 4
DRC RESOLUTION NO. D02-02
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE
RECOMMENDING DENIAL TO THE PLANNING
COMMISSION OF THE REQUEST BY SNAPPER'S
RESTAURANT TO AMEND THE FUTURE LAND USE
MAP FROM RESIDENTIAL MEDIUM (RM) TO MIXED
USE/ COMMERCIAL (MC) FOR PROPERTIES
DESCRIBED AS LOTS 4, 5, 6, AND 22 , BLOCK 1,
SEASIDE SUBDIVISION AT MILE MARKER 94.5,
KEY LARGO.
WHEREAS, the Monroe County Development Review Committee, during a
regular meeting held on February 19, 2002, conducted a review and consideration of the
request filed by the applicant's agent to amend the Future Land Use Map from
Residential Medium (RM) to Mixed Use/ Commercial (MC) for properties located in the
Plat of Seaside Subdivision, Key Largo, Monroe County, Florida, having the real estate
identification numbers 00491690.000000, 00491700.000000, 00491590.000000,
00491600.000000, and 00491610.000000, and;
WHEREAS, the Development Review Committee examined the following
information:
1. The application from Snapper's Restaurant to change the Future Land Use Map from
Residential Medium (RM) to Mixed Use/ Commercial (MC); and
2. The staff report prepared by Jeffrey Stuncard, Senior Planner, and Niko Reisinger,
Biologist, dated February 13,2002; and
WHEREAS, the Development Review Committee made the following Findings
of Fact:
1. 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.
Page 1 of3
C:\TEMP\Snapper's DRC FLUM change Resolution for PC.doc
Initials
2. 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).
3. 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 as those lots served by a
dedicated and accepted existing roadway, have an improved potable water supply,
and have sufficient upland to accommodate the residential uses. Development on
vacant land within this category shall be limited to one residential dwelling unit for
each such platted lot or parcel which existed at the time of plan adoption.
4. Section 9.5-511 prohibits any map amendments which would negatively impact
community character.
5. The Residential Medium (RM) Future Land Use category corresponds with only one
land use (zoning) district, Improved Subdivision (IS).
6. Therefore, the current Residential Medium (RM) Future Land Use category is the
most appropriate land use category for the subject properties; and
WHEREAS, the Development Review Committee made the following Conclusions
of Law:
1. The subject properties are in the most appropriate 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. The new issues and data updates presented by the applicant are insufficient basis for
consideration of the requested land use district (zoning) change and Future Land Use
Map (FLUM) change.
NOW THEREFORE, BE IT RESOL VED BY THE DEVELOPMENT
REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend
DENIAL to the Monroe County Planning Commission of the request filed by the
applicant's agent to change the Future Land Use Map from Residential Medium (RM) to
Mixed Use/ Commercial (MC) for the properties located in the Plat of Seaside
Subdivision, Key Largo, Monroe County, Florida, having the real estate identification
numbers 00491690.000000, 00491700.000000, 00491590.000000, 00491600.000000,
and 00491610.000000; and
Page 2 of 3
C:\TEMP\Snapper's DRC FLUM change Resolution for PC.doc
Initials_
PASSED AND ADOPTED by the Development Review Committee of Monroe
County, Florida, at a regular meeting held on the 19th of February, 2002.
Fred Gross, Island Planning Team Director/ DRC Chair
Ed McGee, Island Planning Team Director
Jeffrey Stuncard, Senior Planner
Ralph Gouldy, Environmental Resources Senior Administrator
Department of Health (by fax)
Department of Public Works (by fax)
Department of Engineering (by fax)
YES
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, AICP, DRC Chair
Signed this _ day of February, 2002.
Page 3 of3
C:\TEMP\Snapper's DRC FLUM change Resolution for PC.doc
Initials_
DRC RESOLUTION NO. D03-02
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE
RECOMMENDING DENIAL TO THE PLANNING
COMMISSION OF THE REQUEST BY SNAPPER'S
RESTAURANT TO AMEND THE LAND USE
(ZONING) DISTRICT FROM IMPROVED
SUBDIVISION (IS) TO SUBURBAN COMMERCIAL
(SC) FOR PROPERTIES DESCRIBED AS LOTS 4, 5, 6,
AND 22, BLOCK 1, SEASIDE SUBDIVISION AT MILE
MARKER 94.5, KEY LARGO.
WHEREAS, the Monroe County Development Review Committee, during a
regular meeting held on February 19, 2002, conducted a review and consideration of the
request filed by the applicant's agent to amend the land use district map from Improved
Subdivision (IS) to Suburban Commercial (SC) for properties located in the Plat of
Seaside Subdivision, Key Largo, Monroe County, Florida, having the real estate
identification numbers 00491690.000000, 00491700.000000, 00491590.000000,
00491600.000000, and 00491610.000000, and;
WHEREAS, the Development Review Committee examined the following
information:
1. The application from Snapper's Restaurant to change the land use district (zoning)
from Improved Subdivision (IS) to Suburban Commercial (SC); and
2. The staff report prepared by Jeffrey Stuncard, Senior Planner, and Niko Reisinger,
Biologist, dated February 13,2002; and
WHEREAS, the Development Review Committee made the following Findings
of Fact:
1. 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.
Page] of3
C:\TEMP\Snapper's DRC Zoning Change Resolution for PC. doc
Initials_
2. The pre-1986 zoning of the subject properties was Single-Family Residential (RU-l).
3. 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) land use 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. Section 9.5-242 indicates that the Improved Subdivision (IS) land use 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.
6. Section 9.5-143 stipulates that nonconforming uses shall not be extended or result in
the occupancy of additional lands. The existing structure on lot 22 would violate this
section if the rezoning were approved.
7. The Residential Medium (RM) Future Land Use category corresponds with only one
land use (zoning) district, Improved Subdivision (IS); and
WHEREAS, the Development Review Committee made the following Conclusions
of Law:
1. The subject properties are in the most appropriate 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. The new issues and data updates presented by the applicant are insufficient basis for
consideration of the requested land use district (zoning) change and Future Land Use
Map (FLUM) change.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT
REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend
DENIAL to the Monroe County Planning Commission of the request filed by the
applicant's agent to change the land use district (zoning) map from Improved
Subdivision (IS) to Suburban Commercial (SC) for the properties located in the Plat of
Seaside Subdivision, Key Largo, Monroe County, Florida, having the real estate
identification numbers 00491690.000000, 00491700.000000, 00491590.000000,
00491600.000000, and 00491610.000000; and.
Page 2 of3
C:\TEMP\Snapper's DRC Zoning Change Resolution for PC. doc
lnitials_
PASSED AND ADOPTED by the Development Review Committee of Monroe
County, Florida, at a regular meeting held on the 19th of February, 2002.
Fred Gross, Island Planning Team Director/ DRC Chair
Ed McGee, Island Planning Team Director
Jeffrey Stuncard, Senior Planner
Ralph Gouldy, Environmental Resources Senior Administrator
Department of Health (by fax)
Department of Public Works (by fax)
Department of Engineering (by fax)
YES
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, AICP, DRC Chair
Signed this _ day of February, 2002.
Page 3 of3
C:\TEMP\Snapper's DRC Zoning Change Resolution for PC.doc
Initials_