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Ordinance 020-1989 Monroe County Commission ORDINANCE NO. 020 -1989 AN ORDINANCE ADOPTING AND RATIFYING CERTAIN LAND USE DISTRICT MAP AMENDMENTS AITACHED AND INCORPORATED BY REFERENCE INTO THIS ORDINANCE; TRANSMIITING THE AMENDMENTS TO THE STATE LAND PLANNING AGENCY FOR APPROVAL; PROVIDING THAT, IF ANY AMENDMENTS ARE DISAPPROVED BY THAT AGENCY, DISAPPROVAL SHALL NOT AFFECT THE REMAINING AMENDMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due to the designation contained in Chapter 28-20, Florida Administrative Code (F. A. C. ), all regulations, including the land use district maps, contained in Volume 3 of the Florida Keys Comprehensive Plan and Land Development Regulations are "land development regulations" as that phrase is defined in Florida Statutes (F.S.) 163.3164(22); and WHEREAS, Section 9.5-511(c), Monroe County Code of Ordinances, provides that the regulations, including the land use dis~rict maps, may be amended or changed on an annual basis each September, that is, the anniversary date of the adoption of the regulations; and WHEREAS, during such process, the Monroe County Planning Commission, sitting as the local planning agency, after due notice and public participation in the hearing process, reviewed all proposed land use district map changes and found such changes consistent with the Monroe County comprehensive plan and made recommendations concerning such changes to the Monroe County Board of Commissioners; and WHEREAS, during such process, the Monroe County Board of Commissioners, after due notice and public participation in the hearing process, reviewed such recommendations and legislatively acted thereon; and WHEREAS, F.S. 380.0552(9) requires that the state land planning agency approve all proposed land use district map changes before such changes may become effective; and WHEREAS, the land use district map change process is not complete; and WHEREAS, it is desired that the Monroe County Board of Commissioners should approve, adopt and transmit the land use district map changes to the state land planning agency for approval; now, therefore, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County Board of Commissioners on this 5th day of July, 1989, does hereby adopt and ratify those land use district map amendments . . heretofore properly approved pursuant to general law, which are attached to this ordinance: including, 1, 3, 4, 5, 7, 9, 13, 14, 15, 17, 24, 26, 28, 29, 30, 31, 32, 35, 36, 36S, 37, 38, 49, 50, 54S, 55A, 57, 58, 59, 63, 64, 65, 69, 72, 73, 75, 76, 83, 84, 85, 88, 89, 93, 95, 97, 103, 104. Such land use district map changes are hereby transmitted to the state land planning agency for approval or disapproval pursuant to F.S. 380.0552(9). Each map change has been considered individually, severally, and independently of one another. Section 2. If the state land planning agency shall disapprove any land use district map change attached hereto, such disapproval shall in no way affect the validity of any other land use district map change. Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4. If any section, subsection, sentence, clause, item, change, or provision of the ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said office, except, however, no land use district map amendment to the Monroe County land development regulations shall be deemed effective until approved by the state land planning agency. PASSED AND ADOPTED by the Monroe County Board of Commissioners of Monroe County, Florida, at a regular meeting of said board held on the 5th day of July, A.D., 1989. BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA BY d~4P4" MAYOR/CHAIRMAN (SEAL) Attest :])ANNX L. ~OLl;[AG:E; ~l~~ ./ APPRO fD AS TO FORM ,/ AND IENey BY , . FILE NO. 1-L-5 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: UR APPLICANT: Riviera Enterprises, Inc. and Nancy R. Gary, Trustee PROPERTY LOCATION: Lots 1-15, Block 2, Lincoln Manor Key: Stock Island Mile Marker: 5 County Map No: 581 SITE DESCRIPTION: Size: 15 lots- 66' X 92' 91.264 square feet Land Conditions: Scarified upland site dominated by invasive exotic vegetation Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north, west, and south--residential (single family and mobile homes); east--vacant 1,000' Radius Character: The area south, and west is developed with mobile homes.The area immediately north is developed with single family homes Further north is some commercial development. Northeast and east of the site are apartments and commercial uses. LAND USE ANALYSIS: The area is characterized by stable residential uses on moderate size parcels. Introduction of higher density residential uses would be incon- sistent with the present character. Redesignation of the parcel however, is appropriate for the compelling reason that the Land Use Plan and principles for guiding development require provision for affordable housing. PLANNING DEPARTMENT RECOMMENDATION: Recommend UR to provide for affordable housing DEVELOPMENT REVIEW COMMITfEE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval for UR pursuant to 9.5-511(d)(4) and (5)b ii,iv,v. BOARD OF COUNTY COMMISSION DECISION: Approval for UR pursuant to 9.5-511(d)(4) and (5)b ii, iv, v. 1 FILE NO. 3-L-10 PART 1 MAP GHANGE REQUEST STAFF REPORT REQUEST: Change from: NA/SR to: UR APPLICANT: Palmhurst, Inc. PROPERTY LOCATION: Porpoise Point, Section 3 Key: Big Coppitt Mile Marker: 10 County Map No: 547 SITE DESCRIPTION: Size: Part of 3.93 acres (Lots 1-27 designated SR) Land Conditions: Mangroves and disturbed salt marsh Improvements: roadbed for extension of Porpoise Blvd. in place NEIGHBORHOOD DESCRIPTION: Adjoining Properties: west--vacant/mangroves; north--U.S.1 and impounded wet- land; east--residential; south--water. 1,000' Radius Character: south of U.S.1 the predominant character is salt marsh, mangroves and open water with residential use to the east; north of U.S.1 is a commercial strip, then residential uses farther north LAND USE ANALYSIS: The parcel is environmentally sensitive and clearly meets the Na- tive Area criteria. Protection of such land is extremely important. Re- designation to UR will set a harmful precedent. PLANNING DEPARTMENT RECOMMENDATION: Denial on originia1 application of NA/SR to UR/SC. Denial on change from NA/SR to UR. DEVELOPMENT REVIEW COMMITIEE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval of UR pursuant to 9.5-511(d)(4) and (5)b ii,iii,iv,v. BOARD OF COUNTY COMMISSION DECISION: Approval for SR 2 FILE NO. 4-L-17 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: NA to: SRL APPLICANT: Sandra McKay PROPERTY LOCATION: Part of Government Lot 1 Key: Saddlebunch Mile Marker: 17 County Map No: 498 SITE DESCRIPTION: Size: 23 acres (out parcel divides property) Land Conditions: Mangroves and transitional habitat along road, beach berm with hammock, mangroves along water. Improvements: Old "barn" building on fill pad near Sugar loaf Creek; NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north--SR939A; east--Sugarloaf Creek; south--straits of Florida; west--vacant/vegetated 1,000' Radius Character: vacant/vegetated (2 dwellings) LAND USE ANALYSIS: The parcel clearly meets the Native Area criteria. It is environmentally sensitive and largely undeveloped except for a shed. Protection of such lands is one of the principle purposes of the land use plan. Redesignation to SRL would increase maximum allowable density and increase impacts on capital facilities and utilities. PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITI'EE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval for SRL pursuant to 9.5-511(d)(4) and (5)b. BOARD OF COUNTY COMMISSION DECISION: Approval for SRL pursuant to 9.5-511(d)(4) and (5)b. 3 . FILE NO. 5-L-17 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: NA to: SS APPLICANT: Charles Munder PROPERTY LOCATION: Lot 26 of Government Lot 1 Key: Lower Sugar loaf Mile Marker: 17 County Map No: 472 SITE DESCRIPl'ION: Size: 2.05 acres Land Conditions: Disturbed transition. Improvements: None NEIGHBORHOOD DESCRIPl'ION: Adjoining Properties: north--single-family residence; east--vacant/vegetated south-SR 939A; west--vacant/vegetated. 1,000' Radius Character: There are two dwellings in the area; the remainder is vacant/vegetated. LAND USE ANALYSIS: The NA designation is appropriate for the parcel. The maximum net density allows use of the property and protects native areas. Redesignation to SS in- creases allocated density and reduces protection of native areas. However, there are scattered residential dwellings in the area which is consistent with the purpose of the SS district. PLANNING DEPARTMENT RECOMMENDATION: Denial for original application to change to IS. On request of the Planning Commission, staff has reevaluated proposal to change to SS. Recommend denial DEVELOPMENT REVIEW COMMITIEE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval for SS pursuant to 9.5-511(d)(4) and (5)b iii,iv,v. BOARD OF COUNTY COMMISSION DECISION: Approval for SS pursuant to 9.5-511(d)(4) and (5)b iii,iv,v. 4 FILE NO. 7-L-20 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SR/NA to: SC APPLICANT: McKay-Richards PROPERTY LOCATION: Part of lots 1 and 2 Key: Sugar loaf Key Mile Marker: 20 County Map No: 468 SITE DESCRIPTION: Size: 17.39 Acres Land Conditions: Low hammock/freshwater wetlands. Improvements: One billboard NEIGHBORHOOD DESCRIPTION: Adjoining Properties: east and north--vacant/vegetated; west--Crane Blvd; south U. S.l. 1,000' Radius Character: The dominant feature north of U.S.1 is the school. The area south of U.S.1 is all wetlands and water. LAND USE ANALYSIS: The present designation is appropriate. The SR designation allows com- mercial development on this parcel. An SC designation would greatly increase the land use intensity of the parcel. PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITI'KE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval of SR portion to SC pursuant to 9.5-511(d)(4) and (5)b iii,iv,v. BOARD OF COUNTY COMMISSION DECISION: Approval of SR portion to SC pursuant to 9.5-5l1(d)(4) and (5)b iii,iv,v. 5 - ... . FILE NO. 9-L-23 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: NA/SC to: IS APPLICANT: John and Sandra Pearce PROPERTY LOCATION: Lot 1, Block 3, Cutthroat Harbor Estates Key: Cudjoe Mile Marker: 23 County Map No: 439 SITE DESCRIPTION: Size: 13,000 square feet Land Conditions: Disturbed low hammock/developed. Improvements: single family dwelling NEIGHBORHOOD DESCRIPTION: Adjoining Properties: vacant/vegetated on all sides 1,000' Radius Character: north and west is vacant/vegetated; east is scattered residential; south is mainly scattered residential. LAND USE ANALYSIS: The area is incorrectly designated as NA. The site is improved and better suited for the purposes of the IS district i.e. to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter. For the purpose of the section, improved lots are those which are served by a dedicated and accepted existing road of porous or nonporous material, that have an FKAA approved potable water supply and have sufficient uplands to accommodate the proposed use in accordance with the required setbacks. This district is in- tended to be used for new land use districts of this classification within the county. The subject property fits this description. The plat, approved by the BCC on March 18, 1960, included dedicated and accepted roads. The FKAA services the property and it has sufficient uplands to accommodate the proposed use in accordance with the required setbacks. (See attachment) PLANNING DEPARTMENr RECOMMENDATION: Approval DEVELOPMENr REVIEW COMMITfEE COMMENrS: Concur with Planning Department recommendation. Also recommend a boundary determination for the remainder of the lots. PLANNING COMMISSION RECOMMENDATION: Approval of IS pursuant to 9.5-511(d)(4) and (5)b iii,iv. BOARD OF COUNTY COMMISSION DECISION: Approval of IS pursuant to 9.5-511(d)(4) and (5)b iii,iv. 6 . FILE NO. 13-L-25 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: NA to: IS APPLICANT: Owens-Albury PROPERTY LOCATION: Lots 1 and 2, Block 2, Summer land Estates Resub. 2 Key: Summer land Mile Marker: 25 County Map No: 413 SITE DESCRIPTION: Size: 2 lots--50 X 125 12,500 square feet Land Conditions: Disturbed uplands Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north and east--vacantfvegetated, south and west--res- idential. 1,000' Radius Character: northwest to southwest--residentia1; south and east-- widely scattered residential; northeast and north--vacantfvegetated. LAND USE ANALYSIS: The parcels are improperly designated NA. Both parcels have been filled and do not fit the native area criteria. IS is appropriate because the par- cels meet all the relevant criteria. PLANNING DEPARTMENT RECOMMENDATION: Approval DEVELOPMENT REVIEW COMMI'ITEE COMMENTS: Concur with Planning Department recommendation. This may be resolved with a boundary determination. Otherwise a map change would be appropriate. PLANNING COMMISSION RECOMMENDATION: Approval of IS pursuant to 9.5-511(d)(4) and (5)b iii. BOARD OF COUNTY COMMISSION DECISION: Approval of IS pursuant to 9.5-511(d)(4) and (5)b iii. 7 FILE NO. 14-L-25 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: OS to: SS APPLICANT: Leda Grodsky PROPERTY LOCATION: Island at north end of Summer land Key Key: Summer land Key Mile Marker: 25 County Map No: 409 SITE DESCRIPTION: Size: 25 acres +/- Land Conditions: Low hammock, transition, mangroves. Improvements: bridge; unpaved road; house trailer NEIGHBORHOOD DESCRIPTION: Adjoining Properties: None 1,000' Radius Character: (Niles Channel) LAND USE ANALYSIS: rhe current designation is correct. The nature and use of the parcel is consistent with the OS district criteria. The proposed SS designation is inconsistent with the intent and purpose of the Comprehensive Plan to manage density and preserve offshore islands PLANNING DEPARTMENf RECOMMENDATION: Denial DEVELOPMENf REVIEW COMMI'ITEE COMMENTS: Concur with Planning Department recommendation. However, based on new information of a bridge built subsequent to the adoption of the land use regulations linking the island to the mainland, recommend it be zoned NA PLANNING COMMISSION RECOMMENDATION: Approval pursuant to 9.5-511(d)(4) and (5)b iv,v. BOARD OF COUNTY COMMISSION DECISION: Approval of NA pursuant to 9.5-511(d)(4) and (5)b iv,v. 8 FILE NO. 15-L-27 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: NA to: SRL APPLICANT: Richard Kerwick PROPERTY LOCATION: Part of Government Lots 7 and 8 Key: Little Torch Mile Marker: 27 County Map No: 372 SITE DESCRIPTION: Size: 3.56 acres +/- including mangroves and submerged land Land Conditions: hammock, transition, mangroves Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north, east and south--vacant/vegetated; west--SR 4A 1,000' Radius Character: vacant/vegetated and wetlands LAND USE ANALYSIS: The present designation is correct. The parcel meets the native area criteria. The proposed SRL designation is inappropriate because of the un- disturbed nature of the parcel and the need to control development in such areas. PLANNING DEPARTMENT RECOMMENDATION: Denial DEVEWPKENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval of SRL pursuant to 9.5-5ll(d)(4) and (5)b ii,iv,v BOARD OF COUNTY DECISION: Approval of SRL pursuant to 9.5-511(d)(4) and (5)b ii,iv,v 9 FILE NO. 17-L-28 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: NA to: SRL APPLICANT: Paul Opland PROPERTY LOCATION: Part of Government Lots 7 and 8 Key: Little Torch Mile Marker: 28 County Map No: 372 SITE DESCRIPTION: Size: 6.27 acres +/- including mangroves and submerged land. Land Conditions: transition/mangroves Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north, east, and south--vacantj west--SR 4A 1,000' Radius Character: Vacant/Vegetated and wetlands. LAND USE ANALYSIS: The present designation is correct. The parcel meets the native area criteria. The proposed SRL designation is inappropriate because of the undisturbed nature of the parcel and the need to control development in such areas. PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITrEE COMMENTS: Concur with Planning Department recommendation. Proposed change would be inconsistent and there is no inconsistency in the existing designation. PLANNING COMMISSION RECOMMENDATION: Approval of SRL pursuant to 9.5-511(d)(4) and (5)b ii,iv,v BOARD OF COUNTY COMMISSION DECISION: Approval of SRL pursuant to 9.5-511(d)(4) and (5)b ii,iv,v 10 FILE NO. 24-M-52 PART 1 MAP CllANGE REQUEST STAFF REPORT REQUEST: Change from: SR to: IS APPLICANT: Aultman Construction PROPERTY LOCATION: Lot 13 and 1/2 of Lot 14, Buttonwood Acres Key: Marathon Mile Marker: 52 County Map No: 231 SITE DESCRIPTION: Size: 6,300 square feet Land Conditions: Scarified disturbed Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north, east, and west--residentia1; south--vacant/vegetated. 1,000' Radius Character: Along U.S.1--commercia1; remainder is residential. LAND USE ANALYSIS: SR is inappropriate because the parcel clearly meet the IS criteria. PLANNING DEPARTMENT RECOMMENDATION: Approval provided that remaining SR lots are also redesignated. (to avoid spot zoning). DEVELOPMENT REVIEW COMMI'ITEE COMMENTS: Concur with Planning Department recommendation. A boundary determination is recommended. PLANNING COMMISSION RECOMMENDATION: Approval of IS pursuant to 9.5-511(d)(4) and (5)b iii,iv,v BOARD OF COUNTY COMMISSION DECISION: Approval of IS pursuant to 9.5-511(d)(4) and (5)b iii,iv,v 11 FILE NO. 26-M-49 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: URM APPLICANT: Rudolph and Louis Blanchette PROPERTY LOCATION: South of Lot 10, Sombrero Subdivision Key: Marathon Mile Marker: 48 County Map No: 243 SITE DESCRIPTION: Size: 3,300 square feet Land Conditions: scarified/developed Improvements: mobile home; seawall and dock; landscaping NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north, east and south--mobile homes; west--water 1,000' Radius Character: Residential; the peninsula tip is all mobile homes. LAND USE ANALYSIS: The existing IS designation is not consistent with the actual mobile home land use. Because of the number of mobile homes in the area and its location adjacent to a URM district, URM is appropriate. PLANNING DEPARTMENT RECOMMENDATION: Approval if in conjunction with redesignation of neighboring parcels to URM. (To avoid spot zoning) DEVELOPMENT REVIEW COMMI'ITEE COMMENTS: Approval, a boundary determination is recommended for review for rezoning in same area (refer to 31 and 36) PLANNING COMMISSION RECOMMENDATION: Approval of URM pursuant to 9.S-S11(d)(4) and (S)b v BOARD OF COUNTY COMMISSION DECISION: Approval of URM pursuant to 9.5-511(d)(4) and (5)b v 12 FILE NO. 28-M-52 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: SC APPLICANT: William and Mary Cadiz PROPERTY LOCATION: Lot 1, Overseas Estates Key: Marathon Mile Marker: 52 County Map No: 229 SITE DESCRIPTION: Size: 21,000 square feet +/- Land Conditions: scarified/developed Improvements: one-story CBS commercial structure; paved parking area; chain- linked fence NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north--U.S.1; east--vacant; south--residential; west-- commercial 1,000' Radius Character: north of U.S.1--airport; south of U.S.1--commercial along U.S.1, then residential farther south. LAND USE ANALYSIS: The existing IS designation allows limited commercial uses along U.S. 1. Redesignation to SC, however, would permit the existing use as conforming. PLANNING DEPARTMENT RECOMMENDATION: Recommend approval. DEVELOPMENT REVIEW COMMIlTEE COMMENTS: Concur with Planning Department recommendation. Recommend boundary determination. PLANNING COMMISSION RECOMMENDATION: Approval as amended to SC, pursuant to 9.5-511(d)(4) and (5)b ii,iv BOARD OF COUNTY COMMISSION DECISION: Approval as amended to SC, pursuant to 9.5-511(d)(4) and (5)b ii,iv 13 FILE NO. 29-M-50 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: None to: SC APPLICANT: James and Billie Carpenter PROPERTY LOCATION: Part of Tract 2, Edmonds Acreage Tracts Key: Marathon Mile Marker: 51 County Map No: 232 SITE DESCRIPTION: Size: 41,400 square feet +/- Land Conditions: scarified/developed Improvements: six duplex residential structures; entrance drive NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north--U.S.l; east--commercial and residential; south-- mobile homes; 1,000' Radius Character: north--U.S.1; mainly commercial; south of U.S.1--com- mercia I along U.S.l, then residential farther south. LAND USE ANALYSIS: The parcel is currently not designated. The proposed SC designation is not appropriate because of the existing residential use of the property and adjoining properties. The staff proposal of SR is consistent with the compre- hensive plan. PLANNING DEPARTMENT RECOMMENDATION: Approval of alternative of SR DEVELOPMENT REVIEW COMMIlTEE COMMENTS: Disagree with Planning Department and recommend approval to SC as appropriate because there is an existing motel on site. PLANNING COMMISSION RECOMMENDATION: Approval to SC pursuant to 9,5-511(d)(4) and (5)b iii BOARD OF COUNTY COMMISSION DECISION: Approval to SC pursuant to 9.5-511(d)(4) and (5)b iii 14 FILE NO. 30-M-48 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: MU/CFSD14 to: MU APPLICANT: James and Billie Carpenter PROPERTY LOCATION: Parcels near MM48 Key: Marathon Mile Marker: 48 County Map No: 243 SITE DESCRIPTION: Size: 2 acres +/- including existing MU portion Land Conditions: Scarified/developed Improvements: Restaurant on western portion; fenced storage on eastern portion NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north--residential; east--commercial; south--U.S.1; west--commercial fishing. 1,000' Radius Character: South of U.S.1--mixed use; north of U.S.1--predominant- ly commercial and commercial fishing with residential uses to the northeast. LAND USE ANALYSIS: The existing CFSD designation is appropriate. The designation is intended to establish traditional fishing areas. The CFSD-14 district allows commercial retail uses that support commercial fishing. Restaurants are considered such retail uses. The mixed use designation is not appropriate because it would allow uses that could discourage commercial fishing. PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITrKE COMMENTS: Boundary determination is recommended. PLANNING COMMISSION RECOMMENDATION: Approval for MU pursuant to 9.5-511(d)(4) and (5)b iii BOARD OF COUNTY COMMISSION DECISION: Approval for MU pursuant to 9.5-511(d)(4) and (5)b iii 15 FILE NO. 31-M-49 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to:URM APPLICANT: Kenneth and Patricia Combs PROPERTY LOCATION: Parcel south of Sombrero Subdivision #2 Key: Marathon Mile Marker: 48 County Map No: 243 SITE DESCRIPTION: Size: 3200 square feet +/- Land Conditions: Scarified/Developed Improvements: Mobile home, dock, landscaping NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north and west--waterj south and east--mobi1e home 1,000' Radius Character: predominantly residential LAND USE ANALYSIS: The IS designation does not reflect the character of the parcel or the immediate neighborhood. Designation as URM is appropriate. PLANNING DEPARTMENT RECOMMENDATION: Approval provided that the other parcels in the area are also redesignated URM and the district connects with the URM district to the east. DEVELOPMENT REVIEW COMMITIEE COMMENTS: Approval with recommendation of a boundary determination. Rezoning in this area should be reviewed together with 26 and 36. PLANNING COMMISSION RECOMMENDATION: Approval for URM pursuant to 9.5-511(d)(4) and (5)b v BOARD OF COUNTY COMMISSION DECISION: Approval for URM pursuant to 9.5-511(d)(4) and (5)b v 16 FILE NO.32-M-48 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: DR to: SC APPLICANT: Ronald and Marilyn Farmer PROPERTY lOCATION: Lots 1 and 2, Halls Subdivision and adjoining portion of old State Road 4A Key: Marathon !"lile Marker: 48 County Map No: 243 SITE DESCRIPTION: Size: 5900 square feet +/- Land Conditions: Scarified/Developed Improvements: 2970 square foot CBS commercial building NEIGlmORHOOD DESCRIPTION: Adjoining Properties: north--residential; east--Coast Guard Station; south--US 1; west--motel. 1,000' Radius Character: South of US 1--commercial; north of US 1--commercial, then residential and resort farther north. LAND USE ANALYSIS: The existing DR designation is inappropriate as this parcel does not contain sufficient area for DR use, however, the designation does reflect the general character of the district. The proposed SC designation is appropriate because it would allow the existing use which is consistent with the community character. PLANNING DEPARTMENT RECOMMENDATION: Approval DEVELOPMENT REVIEW COHHITIEE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval for SC, pursuant to 9.5-511(d)(4) and (5)b iii,v BOARD OF COUNTY COMMISSION DECISION: Approval fer SC, pursuant to 9.5-511(d)(4) and (5)b iii,v - .. 17 FILE NO.35-M-50 PART I MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SR to: DR or SC APPLICANT: Katzen Burchers Partnership PROPERTY LOCATION: Parts of Govt. Lots I & 2, Tipton's Subdivision Key: Marathon Mile Marker: 50 County Map No: 238 SITE DESCRIPTION: Size: Approximately 6.08 acres Land Conditions: Disturbed--no native vegetation, but various exotics including coconuts, Australian pines and Brazilian pepper Improvements:. Private road through property, Tilden's Pro-Dive Shop, Econolodge 40-unit Resort, swimming pool, restaurant, and several accessory buildings NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--vacant land, then ocean; East--real estate office on U.S.HI, mobile home park on U.S.HI; South--Becker's Marine Service, some vacant land; West--trailer park 1,000' Radius Character: North of the site is a small parcel of vacant land and the gulf; East and West of the site is commercially developed along U.S.HI and residentially off U.S.H1; South of the site across U.S.H1 is some com- mercial development and some vacant land LAND USE ANALYSIS: The present designation is inappropriate as are the proposed designations (DR and SC), because the site does not fulfill the stated purposes of these districts. The MU designation would be appropriate because its stated purpose could be fulfilled on this site. PLANNING DEPARTMENT RECOMMENDATION: Approval of map change to MU, provided the property immediately west of the site is rezoned MU. If the change were accomplished in this fashion, it would not constitute spot zoning. DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department's recommendation of a map change to MU. PLANNING COMMISSION RECOMMENDATION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b ii,iv,v BOARD OF COUNTY COMMISSION DECISION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b ii,iv,v 18 FILE NO. 36-M-48 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: URM APPLICANT: Wilfred Sherer PROPERTY LOCATION: Parcel South of Sombrero #2 Key: Vaca Mile Marker: 48 County Map No: 243 SITE DESCRIPTION: Size: 0.11 Acres Land Conditions: Disturbed/scarified lot with mobile home; exotic vegetation inclu- ding coconuts, Opuntia, etc. Improvements: Mobile home, storage shed, cement slab over rip rap (sea wall) NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--mobile home; East--canal with mobile home on other side (Terra's Marine); South--mobile home; West--open water 1,000' Radius Character: The surrounding area is primarily residential/mobile home. There is water surrounding the site--a canal to the east and open water to the west. LAND USE ANALYSIS: Land use on the subject site and in the surrounding area is residential mobile homes. The proposed land use designation is in keeping with the predominant land use trend in the area. PLANNING DEPARTMENT RECOMMENDATION: Approval, provided the entire mobile home area is rezoned otherwise the applied for change would constitute spot zoning. DEVELOPMENT REVIEW COMMITI'EE COMMENTS: Approval, a boundary determination is recommended to review rezoning in the same area (refer to 26 and 31). PLANNING COMMISSION RECOMMENDATION: Approval for URM pursuant to 9.S-S11(d)(4) and (S)b v BOARD OF COUNTY COMMISSION DECISION: Approval for URM pursuant to 9.S-S11(d)(4) and (S)b v 19 FILE NO. 36S-M-48 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: ISjSC to: MI APPLICANT: Planning Department (David Ethridge) PROPERTY LOCATION: Part of Government lot 2, (S-9, T-66S, R-32E) Key: Vaca Mile Marker: 48 County Map No: 243 SITE DESCRIPTION: Size: Approximately 1.84 acres Land Conditions: A few exotic trees, mangroves fringing on south edge of property Improvements: Two small commercial buildings; a private drive NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--commercialjgas station; East--residential; South--water; West--commercial 1,000' Radius Character: The area surrounding the subject site is largely commercial. There is one residential unit east of the property and open water extends to the south. LAND USE ANALYSIS: The present designations are inappropriate for the subject site in accordance with the stated purposes of the district in the land development regulations, especially because the land is unplatted. The MI designation, however, which is contiguous to the subject parcel, would be appropriate. PLANNING DEPARTMENT RECOMMENDATION: Approval of a land use designation change to MI DEVELOPMENT REVIEW COMMI'ITEE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval for MI pursuant to 9,5-511(d)(4) and (5)b iii,iv BOARD OF COUNTY COMMISSION DECISION: Approval for MI pursuant to 9.5-511(d)(4) and (5)b iii,iv 20 FILE NO. 37-M-50 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SC/IS to: SC APPLICANT: Robert Stephens PROPERTY LOCATION: Lots 1,2,3 and part of 4 block 2; Lots 4,5 and part of 6, block 1 Day's Subdivision Key: Marathon Mile Marker: 50 County Map No: 234 SITE DESCRIPTION: Size: approximately 1.5 acres Land Conditions: scarified/disturbed with high intrusion of exotic species Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--commercial/office/residential; East--commercial retail (International House of Pancakes); South--residential; West--com- mercial retail/storage/residential 1,000' Radius Character: The property surrounding the subject site is commercial near US#1 and residential, otherwise LAND USE ANALYSIS: The present designation of the site is appropriate. The proposed designation is inappropriate since it would increase density and permit a commercial incursion into a residential area PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMI'ITKE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b ii,iv,v BOARD OF COUNTY COMMISSION DECISION: Approval for SC pursuant to 9.5-5l1(d)(4) and (5)b ii,iv,v 21 FILE NO. 38-M-56 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: DR to: MU APPLICANT: Jack Hurt PROPERTY LOCATION: Tract A, Amended Plat Valhalla Island Key: Crawl Mile Marker: 56 County Map No: 219 SITE DESCRIPTION: Size: 1. 7 acres Land Conditions: Scarified/Disturbed-vegetation consists of a few exotic trees i.e. coconuts and Australian pines. Improvements: A four unit residential building, garage under construction, dock, patio. NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north--canal; east--vacant land; south--open water; west-- single family residential unit 1,000' Radius Character: north--canal, then commercial/motel; south--open water; west--three residential units. LAND USE ANALYSIS: The present designation for the site is inappropriate because the site does not fulfill the purposes of this district and is of insufficient area. The MU designation, however, would be appropriate because its stated purpose could be fulfilled on this site, and the change would lower the maximum net density at the site. PLANNING DEPARTMENT RECOMMENDATION: Map change to MU, provided the property immediately west of this site is also rezoned MU. If the change were accomplished in this fashion, it would not constitute spot zoning. DEVEWPMENT REVIEW COMMITTEE COMMENTS: Disagree with Planning Department recommendation. Recommend change to SR. PLANNING COMMISSION RECOMMENDATION: Approval for MU pursuant to 9.5-511(d)(4) and (5)b iii,v BOARD OF COUNTY COMMISSION DECISION: Approval for MU pursuant to 9.5-511(d)(4) and (5)b iii,v 22 FILE NO. 49-M-75 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SR to: IS APPLICANT: Seraphin Manfredonia PROPERTY LOCATION: Matecumbe Ocean Bay Subdivision, Lots 11-13, Block 3 Key: Lower Matecumbe Mile Marker: 75 County Map No: 187 SITE DESCRIPTION: Size: Approximately 2.29 acres Land Conditions: Scarified with regrowth of Schinus, Australian pines Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--residential; East--residential; South--open water; West--residential. 1,000' Radius Character: The surrounding character is primarily residential. There is some commercial development to the north (The Gamefish Resort and Tropic Air Motel) and open water extends to the south. LAND USE ANALYSIS: The requested change is appropriate and in accordance with the stated purposes of the IS district. The change would not result in an increase in density in the County, nor in increased demand on capital facilities and utilities. PLANNING DEPARTMENT RECOMMENDATION: Approval, provided the adjacent lot #10 is redesignated as well. If accom- plished in this manner, the change would not constitute spot zoning. DEVELOPMENT REVIEW COMMI'ITEE COMMENTS: Disagree with Planning Department recommendation and recommend denial. PLANNING COMMISSION RECOMMENDATION: Approval for IS pursuant to 9.5-511(d)(4) and (5)b iii,iv,v BOARD OF COUNTY COMMISSION DECISION: Approval for IS pursuant to 9.5-511(d)(4) and (5)b iii,iv,v 23 FILE NO. 50-M-75 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SC to: IS APPLICANT: Theodore McGraw PROPERTY LOCATION: Lot 4, Block 2 Matecumbe Sandy Beach Key: Lower Matecumbe Mile Marker: 75 County Map No: 188 SITE DESCRIPTION: Size: .23 acres Land Conqitions: Scarified with a few revegetating seedling mangroves and sea grapes Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north--canal; east--single family house; south--U.S.#l then ocean; west--vacant property 1,000' Radius Character: The property surrounding the property is largely vacant. A canal adjoins the property to the north and open water is just to its south. LAND USE ANALYSIS: The land use of the subject site is residential. The surrounding land use is residential/vacant land. Granting the proposed land use desig- nation change would be in keeping with the land use patterns/planning in the area. PLANNING DEPARTMENT RECOMMENDATION: Approval, provided the adjacent lots (#2 and #3) are rezoned IS,as well so that the change will not constitute spot zoning DEVELOPMENT REVIEW COMMITfEE COMMENTS: Approval with boundary determination recommended PLANNING COMMISSION RECOMMENDATION: Approval for IS pursuant to 9.5-511(d)(4) and (5)b iii,iv,v BOARD OF COUNTY COMMISSION DECISION: Approval for IS pursuant to 9.5-511(d)(4) and (5)b iii,iv,v 24 FILE NO. 54S-M-75.7 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: SC APPLICANT: Planning Department (Dan & Doris Walls) PROPERTY LOCATION: Matecumbe Ocean Bay Section 1, amended and extended PB 2-96, Lot 12, Block 1 and southwesterly 100 feet of Tract A Key: Lower Matecumbe Mile Marker: 75.7 County Map No: 187 SITE DESCRIPTION: Size: Approximately 124,000 square feet or 2.85 acres Land Conditions: Motel site containing both native and exotic vegetation Improvements: Office/manger's residence/tiki hut/dock on seawall, boat basin NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--water; East--residential; South--residential; West-- residential 1,000' Radius Character: The area surrounding the subject property is primarily residential, open water extending to the north. There is one other motel (detached dwellings and attached condominium units) with the Gamefish motel, located within 1,000 feet of the subject site. LAND USE ANALYSIS: The present and proposed designations for the site are inappropriate, in accordance with the stated purpose of the districts. A mixed use designation, however, would be appropriate for the site. PLANNING DEPARTMENT RECOMMENDATION: Approval DEVELOPMENT REVIEW COMMITfEE COMMENTS: Concur with Planning Department recommendation PLANNING COMMISSION RECOMMENDATION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b iii BOARD OF COUNTY COMMISSION DECISION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b iii 25 FILE NO. 55A-U-83 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SR to: UR APPLICANT: Lee M. and Virginia R. Hollowell PROPERTY LOCATION: Part of Govt. Lot 2, Sec. 28, TWP 63S Key: Upper Matecumbe Mile Marker: 83.5 County Map No: 175 SITE DESCRIPTION: Size: 2.77 acres Land Conditions: Improvements: Two detached dwellings, storage shed, seawall and dock NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north--canal; east--canal; south--U.S.#l (Marty's TV and Appliances, Shell Shack, Beacon Reef and Ziggi's Conch Restaurant); west-- Island Community Church/detached dwelling/vacant land. 1,000' Radius Character: The area surrounding the subject site is primarily residential. There are some commercial uses near U.S.#l and one institutional use. LAND USE ANALYSIS: The current land use designation is appropriate. The proposed land use designation is inappropriate since it would increase maximum allowable density in contradiction of the goals and principles espoused in the land use plan. PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval to UR pursuant to 9.5-51l(d)(4) and (5)b (No subsection cited). BOARD OF COUNTY COMMISSION DECISION: Approval to IS pursuant to 9.5-511(d)(4) and (5)b (No subsection cited). 26 FILE NO. 57-M-80 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SR to: DR APPLICANT: Carl & Marlene Lindback PROPERTY LOCATION: Part Government lots 1-3, Part tracts 5 & 7 Key: Upper Matecumbe Mile Marker: 80.5 County Map No: 181 SITE DESCRIPTION: Size: 3.79 acres Land Conditions: Disturbed/scarified/native--native is the 100' section between horse stable/arena and US#l Improvements: Frontage long US#l; stable with 10 stalls, 2 storage buildings, riding arena NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--vacant vegetated land; East--vacant vegetated land; South--US#l; West--vacant land 1,000' Radius Character: North, East and West of the site, the surrounding area is vacant and undeveloped LAND USE ANALYSIS: This application should be considered in conjunction with #58 and #59. The proposed designation is appropriate because the site could be developed with low and medium density housing. If, however, the site is considered in conjunction with #58 and #59, the DR designation would be more appropriate in view of the existing resort development on these other two parcels. PLANNING DEPARTMENT RECOMMENDATION: Approval DEVELOPMENT REVIEW COMMITTEE COMMENTS: Denied PLANNING COMMISSION RECOMMENDATION: Approval for DR pursuant to 9.5-51l(d)(4) and (5)b ii,v BOARD OF COUNTY COMMISSION DECISION: Approval for DR pursuant to 9.5-511(d)(4) and (5)b ii,v 27 FILE NO. 58-U-80 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SC to: DR APPLICANT: Carl & Marlene Lindback PROPERTY LOCATION: Government lots 1-3, William H. Parkers Homestead, Sea Aire Motel Key: Upper Matecumbe Mile Marker: 80 County Map No: 181 SITE DESCRIPTION: Size: .92 acres (150' x 400') Land Conditions: Disturbed/scarified building site with Gumbo Limbo, Tamarine, Jamaican Dogwood Improvements: Motel under construction (14 units), single family residence, dock and seawall, garage; property f~ontage along US#l NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--vacant; East--La Siesta Motel; South--open water; West--vacant 1,000' Radius Character: North and West of the site is vacant, undeveloped land; East of the site is commercial development; South of the site is open water LAND USE ANALYSIS: This application should be considered in conjunction with #57 and #59. The present designation of the site is inappropriate, the land is unplatted. The purpose of the IS is to protect the vest.ed rights of owners of lots in platted subdivisions. If the site is considered in conjunction with #57 and #59, the DR designation would be more appropriate, in view of the existing development on parcels #58 and #59 PLANNING DEPARTMENT RECOMMENDATION: Approval DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation PLANNING COMMISSION RECOMMENDATION: Approval for DR pursuant to 9.5-511(d)(4) and (5)b ii,v BOARD OF COUNTY COMMISSION DECISION: Approval for DR pursuant to 9.5-5l1(d)(4) and (5)b ii,v 28 FILE NO. 59-U-80 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SC to: DR APPLICANT: Carl & Marlene Lindback PROPERTY LOCATION: Govt. Lots 1-3 William H. Parkers Homestead Key: Upper Matecumbe Mile Marker: 80 County Map No: 181 SITE DESCRIPTION: Size: 5.5 acres (400' x 600') Land Conditions: Disturbed/scarified with exotic trees; also 2 clumps of gumbo limbo Improvements: Building on waterfront with five hotel units, 3 bedroom rental house, 4 cottages, boat basin, concrete dock, swimming pool, manager's residence and office NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--vacant land (same owner); East--Pine & Palms (1/2 resort, 1/2 condominium); South--open water; West--14 unit motel under construction by same owner 1,000' Radius Character: The area surrounding the site is largely vacant/being developed. There is a completed development to the east, and open water extends to the south LAND USE ANALYSIS: This application should be considered in conjunction with #57 and #58. The present designation of the site is appropriate. If, however, the site is considered in conjunction with #57 and #58, the DR designation would be more appropriate, in view of the existing development on parcels #58 and #59 PLANNING DEPARTMENT RECOMMENDATION: Approval DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation PLANNING COMMISSION RECOMMENDATION: Approval for DR pursuant to 9.5-511(d)(4) and (5)b ii,v BOARD OF COUNTY COMMISSION DECISION: Approval for DR pursuant to 9.5-511(d)(4) and (5)b ii,v - ... 29 FILE NO. 63-U-82 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: SC APPLICANT: Travis Investments, Inc. PROPERTY LOCATION: Lots 8 and 19, Block 5, Stratton's Subdivision Key: Upper Matecumbe Mile Marker: 82 County Map No: 177 SITE DESCRIPTION: Size: 30,000 square feet Land Conditions: Disturbed/Scarified with existing native vegetation trans- planted on site. Improvements: 13,000 square foot three story office building, driveway and parking lot. ( NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north--residential; east--commercial (motel-The Sunset Inn); south--commercial (restaurant-Burger King); west--commercial (re- tail-The Top Shop). 1,000' Radius Character: The area surrounding the subject site is commercial. There is a small amount of residential development. LAND USE ANALYSIS: The present designation is inappropriate. The proposed designation is the most appropriate designation for the site in accordance with the stated purposes for the district. PLANNING DEPARTMENT RECOMMENDATION: Approval. DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation PLANNING COMMISSION RECOMMENDATION: ~ ) Approval for SC pursuant to 9.S-Sll(d)(4) and (S)b i,ii,iii,iv,v,vi BOARD OF CCXJNTY cc.:nuSSlrn DECISlrn: Approval for SC pursuant to 9.S-Sll(d)(4) and (S)b i,ii,iii,iv,v,vi 30 FILE NO. 64-U-83 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SR to: MU APPLICANT: John & Karen Tuerk PROPERTY LOCATION: Lot 3, Blk 12, Stratton's Subdivision Key: Upper Matecumbe Mile Marker: 83 County Map No: 176 SITE DESCRIPTION: Size: Approximately 2.55 acres Land Conditions: Disturbed & native habitat--approximately 20% of the site is hammock with Jamaican Dogwood and Mahogany Improvements: Private road on property, motel, storage shed, sea wall, pier, boat basin NEIGHBORHOOD DESCRIPTION: ( Adjoining Properties: North--commercial; East--mobile home park/single family residence; South--water; West--single family residence 1,000' Radius Character: The character surrounding the subject site is mixed use. Development to the north is commercial and residential including a travel agency, a card shop, a marina, a small shopping center and one single residence. East of the subject site, development contains a mix of residential uses both permanent and transient, including a mobile home park, some multi- family housing, a single family residence and a hotel. Development to the west is again a mix of residential uses including a single family residence, _ multi-family housing and a hotel. Open water extends to the south of the subject site. LAND USE ANALYSIS: The current designation for the site is inappropriate. (See attachment) PLANNING DEPARTMENT RECOMMENDATION: Approval DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation. C PLANNING COMMISSION RECOMMENDATION: Approval6f- MU pursuant to 9.5-511(d)(4) and (5)b iv,v BOARD OF CXXJNTY cc.:nuSSlrn DECISlOO: Approval of MU pursuant to 9.S-S11(d)(4) and (S)b iv,v 31 c c FILE NO. 65-U-83 PART 1 ( HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: SR APPLICANT: James C. Wilborn PROPERTY LOCATION: Tract 27, 1.83 acres, Russell Estates Key: Upper Matecumbe Mile Marker: 83 County Map No: 175 SITE DESCRIPTION: Size: Approximately 1.83 acres Land Conditions: Disturbed/scarified revegetating with Brazilian pepper and Australian pine Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--commercial (Mother Goose Child Care/Preschool, Beauty Shop, Post Office); East--vacant land; South--open water; West--Motel (Coral Sea Lodge) 1,000' Radius Character: The surrounding area is developed with residential and commercial use. There is some vacant land, however, to the east of the sub- ject site and open water extends to the south LAND USE ANALYSIS: The current designation of the site is inappropriate because the IS district was intended to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to adoption of the regulations, not to create new subdivisions. The land is unplatted. SR would be an appropriate designation, creating a low to medium density residential area PLANNING DEPARTMENT RECOMMENDATION: Approval--Granting this change would not constitute spot zoning because the applied for parcel is immediately adjacent to an SR zone DEVELOPMENT REVIEW COMMITTEE COMMENTS: Approval with boundary determination recommended PLANNING COMMISSION RECOMMENDATION: Approval for SR pursuant to 9.S-S11(d)(4) and (S)b i,ii,iii,iv,v,vi BOARD OF COUNTY cc.:nuSSlOO DECISlOO: Approval for SR pursuant to 9.S-S11(d)(4) and (S)b i,ii,iii,iv,v,vi 32 FILE NO. 69-U-89 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SC/IS to: SC APPLICANT: Yogendra C. Patel PROPERTY LOCATION: Lots 1,2 and 24, Block 11, Key Heights, Section 2 Key: Plantation Mile Marker: 89 County Map No: 162 SITE DESCRIPTION: Size: Approximately .75 of an acre Land Conditions: Disturbed/scarified lot with motel on site--many attractive exotic cultivated plants. Improvements: Seven unit motel with office attached, pool, two storage sheds, tiki hut NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--residential (detached dwellings); East--public buildings (County offices); South--vacant land; West--commercial (nursery and vacant) 1,000' Radius Character: The area surrounding the subject property contains a mix of land uses including, commercial residential and public uses. There is also a substantial amount of vacant land surrounding the property. LAND USE ANALYSIS: The present designation of the site is inappropriate. The proposed designation would be appropriate in view of the stated purposes of the SC district PLANNING DEPARTMENT RECOMMENDATION: Approval of a change to MU provided the adjacent parcels, the County offices (to the east) and the nursery (to the west) are rezoned MU, as well. DEVELOPMENT REVIEW COMMITTEE COMMENTS: Approval with boundary determination recommended PLANNING COMMISSION RECOMMENDATION: No motion made BOARD OF COUNTY COMMISSION DECISION: Approval for SC 33 FILE NO. 72-U-86 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SC to: IS-D APPLICANT: Neil W. Wink and Donald W. Slavinski PROPERTY LOCATION: Lot 5, Treasure Harbor Section 2 Key: Plantation Mile Marker: 86.5 County Map No: 166 SITE DESCRIPTION: Size: Approximately 80 X 103-odd shaped lot Land Conditions: Vacant-scarified Improvements: NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north--vacant scarified-SC; east--across Galleon Road vacant scarified; south--SFR in IS; west--mangroves 1,000' Radius Character: 30% mangroves/wetland; 20% vacant hammock; 10% commercial; 40% SFRs and duplexes in IS and IS-D LAND USE ANALYSIS: SC is inconsistent with community character and adversely impacts public facilities and affordable housing. Change to IS-D would be considered spot zoning PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITTEE COMMENTS: Boundary determination recommended PLANNING COMMISSION RECOMMENDATION: Approval for IS-D pursuant to 9.5-511(d)(4) and (5)b iii,iv,v BOARD OF COUNTY COMMISSION DECISION: Approval for IS-D, to include Lots 10, 11, 12, 13 of Treasure Harbor, Section 2 34 FILE NO. 73-U-89 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: SRL APPLICANT: Josephine Wood PROPERTY LOCATION: Lot 6, Randall Adams Subdivision Key: Plantation Mile Marker: 88.8 County Map No: 162 SITE DESCRIPTION: Size: 4.2 acres Land Conditions: Hammock, abuts Florida Bay, surrounded by hammock Improvements: SFR, shed and boat basin NEIGHBORHOOD DESCRIPTION: Adjoining Properties: northwest--Florida Bay; northeast--vacant, hammock; south east--US 1; across US 1-SFR and commercial structure; southwest--SFRs in IS. 1,000' Radius Character: 30% Florida Bay; 20% institutional and public buildings; 25% SFRs in IS; 15% vacant hammock; 10% attached residential LAND USE ANALYSIS: IS severely limits affordable housing,and this parcel is inconsistent with the purpose of the IS district. SRL would have a greater impact on the environ- ment, although not significantly. PLANNING DEPARTMENT RECOMMENDATION: ---, ) Approval DEVELOPMENT REVIEW COMMITTEE COMMENTS: A boundary determination shows the property changed to SR. PLANNING COMMISSION RECOMMENDATION: Approval for SRL pursuant to 9.5-511(d)(4) and (5)b ii,iv BOARD OF COUNTY COMMISSION DECISION: Approval for SRL pursuant to 9.5-511(d)(4) and (5)b ii,iv 35 FILE NO. 75-U-101 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SR to: North 1/2 RV and South 1/2 SC APPLICANT: Calusa Camp Resort PROPERTY LOCATION: Part of Lot 1 Key: Largo Mile Marker: 101 County Map No: 125 SITE DESCRIPTION: Size: 9.38 acres Land Conditions: Vacant--tropical hardwood hammock for entire site Improvements: None--vacant--hammock NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--trailer park-URM; East--vacant, across US#l--trailer park-URM; South--building supply center; West--campground 1,000' Radius Character: Dominant feature North & East--trailer park; dominant feature South--vacant, some commercial; dominant feature West--campground LAND USE ANALYSIS: Proposed change would substantially impact hammock and public capital facilities in terms of a 3- to 15- fold increase in allocated density and intense commercial activity. PLANNING DEPARTKENT RECOMMENDATION: Denial of rezoning request for half of the 9.38 acres; however staff recognizes that a maximum of 2,500 feet of allowed commercial use for this park is unreasonable. A text change of the regulations (9.5-244) would be required. DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation. Available information suggests there may be a shortage of RV space in the county. PLANNING COMMISSION RECOMMENDATION: Approval of application as amended to RV in north half and SC in south half pursuant to 9.5-511 (d)(4) and (5)b ii, iv, v. BOARD OF COUNTY COMMISSION DECISION: Approval of RV in north half and SC in the south half pursuant to 9.5-511 (d)(4) and (5)b ii, iv, v. 36 FILE NO. 76-U-103 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: SC APPLICANT: Robert & Deborah Cullin/George & Patricia Cullin PROPERTY LOCATION: Lots 1-4, Block 2, Oceana Unrecorded Plat Key: Largo Mile Marker: 103.6 Oceanside County Map No: 112 SITE DESCRIPTION: Size: approximately.5 acres Land Conditions: Developed/partially landscaped Improvements: Building and parking lot--some landscaping NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North--side road and vacant IS tract; East--vacant IS lot; South--Oceana Avenue and vacant IS lots; West--US#l, some commercial across US#l and RV/campgrounds 1,000' Radius Character: Dominant feature north--vacant, some commercial across US#l; Dominant feature south--mostly vacant IS; Dominant feature east--mostly vacant IS. LAND USE ANALYSIS: Increased intensity would adversely impact public capital facilities. The existing use of the property is conforming to the present IS district, and could be rebuilt in the event of disaster with only minor changes. The primary effect of granting SC would be to increase the floor area and intensity on the site which may result in spot zoning. PLANNING DEPARTKENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b ii,iii,iv BOARD OF COUNTY COMMISSION DECISION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b ii,iii,iv 37 FILE NO. 83-U-97 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SS to: SR APPLICANT: Vincent and Josephine Grandelli PROPERTY LOCATION: Track 3B, Amended plat of Mandalay Subdivision, Key: Key Largo Mile Marker: 97.6 County Map No: 139 SITE DESCRIPTION: Size: 2.29 Acres Land Conditions: All secondary growth--property was scarified 8 years ago, bor- ders Florida Bay Improvements: Walking path from highway to bay front. (Vacant) NEIGHBORHOOD DESCRIPTION: Adjoining Properties: south--IS; north--RV; east--U.S.l; west-- Florida Bay 1,000' Radius Character: Dominant feature north--RV park, east--SC median strip, attached dwellings and mobile homes Oceanside; south--IS; west--Florida Bay LAND USE ANALYSIS: The existing SS designation is inconsistent with the intent of the plan which encourages development in least environmentally sensitive areas and uses that are compatible with the adjacent uses. The proposed designation is clearly consistent with these objectives. PLANNING DEPARTMENT RECOMMENDATION: Approval DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation; increases in density must be considered. PLANNING COMMISSION RECOMMENDATION: Approval for SR pursuant to 9.5-511(d)(4) and (5)b ii,iv,v BOARD OF COUNTY COMMISSION DECISION: Approval for SR pursuant to 9.5-511(d)(4) and (5)b ii,iv,v 38 FILE NO. 84-U-92 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: MU to: UR APPLICANT: Harbor 92 Condominium Association, Inc. PROPERTY LOCATION: Part of Lot 4, Lots 5 & 6, Block 6, Tavernier Harbor Subdivision Key: Key Largo Mile Marker: 92 County Map No: 152 SITE DESCRIPTION: Size: Approximately 1.5 acres Land Conditions: Built-landscaped on Florida Bay Improvements: 38-unit attached 6 story dwellings (condos), marina NEIGHBORHOOD DESCRIPTION: Adjoining Properties: north 7 unit motel; west--Florida Bay; south--water storage tanks, Missouri Ave.; east--single family residence 1,000' Radius Character: Totally surrounded by mixed uses LAND USE ANALYSIS: Maximum net density is identical for both categories. No justification for change. PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendations PLANNING COMMISSION RECOMMENDATION: Approval of UR pursuant to 9.5-511(d)(4) and (5)b iii,iv,v,vi BOARD OF COUNTY COMMISSION DECISION: Approval of UR pursuant to 9.5-511(d)(4) and (5)b iii,iv,v,vi 39 - ... FILE NO. 85-U-101 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS/SC to: SC APPLICANT: Huddle House, Inc. PROPERTY LOCATION: Lots 15, 16, 28, & 29, Block 8, Key Largo Park, Amended Plat Key: Largo Mile Marker: 100.2 County Map No: 133 SITE DESCRIPTION: Size: 16,500 square feet, .379 acres Land Conditions: Scarified, built Improvements: High intensity existing restaurant, paved parking lot. NEIGHBORHOOD DESCRIPTION: Adjoining Properties: south--U.S.1; north--residential; east--commercial--(me- dium intensity); west--vegetated--residential 1,000' Radius Character: Dominant feature south--industrial; north--residentia1. LAND USE ANALYSIS: Front two lots are half SC and half IS on old land use maps. Rear two lots are IS on old land use maps. Old land use maps makes the existing high intensity restaurant a non-conforming use. New maps resolve the problem. Meandering line line is a date error. PLANNING DEPARTMENT RECOMMENDATION: Approval-beneficial to environment (more buffers required). This would resolve meandering boundary line on old land use maps and make use conforming. DEVELOPMENT REVIEW COMMITTEE COMMENTS: Approval-resolved on unofficial new maps PLANNING COMMISSION RECOMMENDATION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b iv,v BOARD OF COUNTY COMMISSION DECISION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b iv,v 40 - ... FILE NO. 88-U-I04 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: UR to: RV APPLICANT: Carl & Marcia Jentsch PROPERTY LOCATION: Lot 6 Baywood Subdivision Key: Largo Mile Marker: 104.2 County Map No: 111 SITE DESCRIPTION: Size: 100' x 372' Land Conditions: Built--some landscaping--abuts Florida Bay Improvements: Dock, paved road, 4 unit motel, approximately 8-10 RV trailers NEIGHBORHOOD DESCRIPTION: Adjoining Properties: Northeast--wet & dry boat storage & repair, some commercial retail; Southeast--US#I; across US#l: vacant-SR; Southwest--vacant-UR; Northwest--Florida Bay 1,000' Radius Character: Dominant feature northeast; wet/dry boat storage, motel, RV park, and attached residential; dominant feature southeast; US#l, vacant SR and some SFR's-IS; dominant feature southwest; vacant and mixed uses; dominant feature northwest; Florida Bay LAND USE ANALYSIS: Change for lot 4 only may constitute spot zoning. Present designation of UR, however, has no relation to past and present usage of lots 4,5 & 6, not to mention the surrounding vacant property. This property is not in an intense com- mercial center and seems contrary to the purpose of the UR district, RV change would better represent past and present usage of lots 4, 5 and 6. PLANNING DEPARTMENT RECOMMENDATION: Denial for lot 4; approval for lots 4,5, & 6 combined. DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation. PLANNING COMMISSION RECOMMENDATION: Approval for RV pursuant to 9.5-511(d)(4) and (5)b iii,iv,v BOARD OF COUNTY COMMISSION DECISION: Approval for RV for lot 6 pursuant to 9.5-511(d)(4) and (5)b iii,iv,v 41 - ... FILE NO. 89-U-91 PART 1 ( HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: SC APPLICANT: Key Investment and Development, Inc. PROPERTY LOCATION: Lots 1-4, Block 1, Largo Beach Subdivision Key: Key Largo Mile Marker: 91.5 Oceanside County Map No: 155 SITE DESCRIPTION: Size: .25 acres Land Conditions: Vacant/Scarified, with some exotics; abuts fringing mangroves. Improvements: None NEIGHBORHOOD DESCRIPTION: c Adjoining Properties: northwest--U.S.1; across U.S.1 median strip-Tavernier Town Shopping Center-UC; northeast--Ocean Blvd. low to medium intensity office building-IS; southeast & southwest--vacant IS and NA. 1,000' Radius Character: Dominant feature northwest--Tavernier Town Shopping Center- UC; Dominant feature south--vacant/native; Dominant feature east--single fami- ly residence-IS LAND USE ANALYSIS: Increased intensity adversely impacts public facilities. May be con- sidered spot zoning. PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation PLANNING COMMISSION RECOMMENDATION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b iii,v,vi ( BlARD OF CCXJNTY cc.:nuSSlrn DECISlOO: Approval for SC pursuant to 9.5-511(d)(4) and (5)b iii,v,vi 42 - ... FILE NO. 93-U-100 PART 1 HAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: NA to: SS APPLICANT: Alan Michael Popp/Linda Lou Popp PROPERTY LOCATION: Part of Govt. Lot 1 Key: Largo Mile Marker: 99.7 County Map No: 135 SITE DESCRIPTION: Size: 2.29 acres Land Conditions: Native-Mangroves-front 50 feet saltmarsh/buttonwood/on Atlantic Ocean to the south Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: Filled area with single family home to the southwest. Abuts Atlantic Ocean. Rest of property is vacant with mangroves. 1,000' Radius Character: north--Dominant feature wetlands and single family residence in IS; Dominant feature west--hammock and large attached condominium development; Dominant feature south--wetlands; Dominant feature east-- Atlantic Ocean LAND USE ANALYSIS: Increased density on this parcel will have an adverse impact on native wetland environment, public facilities, and disaster evacuation. PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation PLANNING COMMISSION RECOMMENDATION: No motion made BOARD OF COUNTY COMMISSION DECISION: Approval for SS - ... 43 FILE NO. 95-U-104 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: UR to: RV APPLICANT: Ricardo's Investments PROPERTY LOCATION: Lot 4 and 5, Baywood Subdivision Key: Largo Mile Marker: 104.2 County Map No: 107 & 111 SITE DESCRIPTION: Size: .9 acre Land Conditions: Built/has some landscaping Improvements: Marina, motel, paved drive, some landscaping, approximately 20 RV trailers NEIGHBORHOOD DESCRIPTION: Adjoining Properties: Northwest--Florida Bay; Northeast--vacant-UR; Southeast--US#l; across US#l--vacant hammock-SR; Southwest--wet/dry boat storage, marina and associated commercial/retail. 1,000' Radius Character: Dominant feature southwest--wet/dry boat vacant hammock; dominant feature southeast--US#l, vacant SR in IS; dominant feature northeast--50% vacant, 50% attached dominant feature northwest--Florida Bay. storage, motel, RV, and some SFR's 'd . '1 reSl entla ; LAND USE ANALYSIS: Change for lot 4 may constitute spot zoning. Present designation of UR, however, has no relation to past or present usage of lots 4, 5, & 6, not to men- tion the surrounding vacant property. This property is not in an intense com- mercial center and seems contrary to the purpose of the UR district, Change to RV would better represent past and present usage of lots 4, 5, & 6. PLANNING DEPARTMENT RECOMMENDATION: Denial for lot 4--Approval for lots 4,5, & 6 combined. DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendations. PLANNING COMMISSION RECOMMENDATION: Approval for RV pursuant to 9.5-511(d)(4) and (5)b iii,iv,v BOARD OF COUNTY COMMISSION DECISION: Approval for RV for lots 4 and 5 pursuant to 9.5-511(d)(4) and (5)b iii,iv,v 44 - ... FILE NO. 97-U-98 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SR to: SC APPLICANT: David Russell PROPERTY LOCATION: Part of Tract 1 and Tract 1A Mandalay Subdivision Key: Largo Mile Marker: 97.4 Oceanside County Map No: 139 SITE DESCRIPTION: Size: 5.67 acres Land Conditions: 1 acre of hammock, 3 acres of grassy field, 1 acre of disturbed with existing marina (basin) Improvements: Several block houses, boat basin and dirt road. NEIGHBORHOOD DESCRIPTION: Adjoining Properties: northwest--US 1; across US 1--single family residence in IS; northeast--on median strip is a mini-storage in SC; northeast--on Tract 1, predominantely vacant and some residential; southeast--atlantic ocean; south- west--on median strip is vacant-SR; southwest--on Tract 1 is vacant SR with proposed and approved major condominium development. 1,000' Radius Character: Dominant feature northeast--single family residence and trailers in IS and URM; southeast--Atlantic Ocean; southwest--vacant-SR; northwest--50% vacant, 40% residential, 10% commercial. LAND USE ANALYSIS: Increased intensity and density would adversely impact the environment facilities, disaster evacuation, affordable housing and community character. However, Tract lA, in the median strip is approximately 50% cleared, surrounded by north and south US 1 and a cross street, adjacent to an SC parcel with mini-storage and seems appropriate for SC. PLANNING DEPARTMENT RECOMMENDATION: Denial-Tract 1 Approval-Tract 1A DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation. Also recommend a boundary determination. PLANNING COMMISSION RECOMMENDATION: Approval of Tract 1A to SC pursuant to 9.5-511(d)(4) and (5)b iii,iv,v,vi No motion made on Tract 1 BOARD OF COUNTY COMMISSION DECISION: Approval of Tract lA to SC pursuant to 9.5-511(d)(4) and (5)b iii,iv,v,vi No motion made on Tract 1 - ... 45 FILE NO. 103-U-94 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: IS to: SC APPLICANT: Snapper Creek Trading PROPERTY LOCATION: Lots 4-6, 12-16 and 22, Block 1, Seaside Subdivision Key: Largo Mile Marker: 94.8 Oceanside County Map No: 145 SITE DESCRIPTION: Size: 1.7 acres Land Conditions: Disturbed with either native or, exotic tree clumps or, 3/4 of property is grassy field. Improvements: NEIGHBORHOOD DESCRIPTION: Adjoining Properties: northwest--US 1; across US 1--SFR's in SR, one commercial building; east--Ocean View Blvd., Snapper Avenue, vacant; southwest of lot 22--one SFR; southeast of lot 22--medium intensity restaurant. 1,000' Radius Character: 20% Atlantic Ocean; 50% vancant hammock; 5% commercial; 25% SFRs LAND USE ANALYSIS: Increased intensity adversely impacts public facilities, affordable housing and disaster evacuation. PLANNING DEPARTMENT RECOMMENDATION: Denial DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation PLANNING COMMISSION RECOMMENDATION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b iv,v, excluding lot 22 BOARD OF COUNTY COMMISSION DECISION: Approval for SC pursuant to 9.5-511(d)(4) and (5)b iv,v, excluding lot 22, include lots 12-16 46 - ... FILE NO. 104-U-99 PART 1 MAP CHANGE REQUEST STAFF REPORT REQUEST: Change from: SS to: SR APPLICANT: Geneva Sutton PROPERTY LOCATION: Part of Government lot 1 Key: 99.5 Mile Marker: Key Largo County Map No: 135 SITE DESCRIPTION: Size: 5 acres Land Conditions: Vacant-scrub mangroves and fringing mangroves. Abuts Atlantic Ocean. Improvements: None NEIGHBORHOOD DESCRIPTION: Adjoining Properties: North-wetlands; East-Atlantic Ocean; South-wetlands; West- dirt road and hammock-SR 1,000' Radius Character: Dominant feature north--wetlands and single family res- sidence in IS; dominant feature west--hammock and large attached condominium development; dominant feature south--wetlands; dominant feature east--- Atlantic Ocean. LAND USE ANALYSIS: Native land use is consistent with the condition of the land which is scrub mangroves and fringing wetland environment. Increased density would adversely impact environment, public facilities, and disaster evacuation. PLANNING DEPARTMENT RECOMMENDATION: Denial of SR designation. This property was originally zoned NA and changed to SS in the first round of amendments. DEVELOPMENT REVIEW COMMITTEE COMMENTS: Concur with Planning Department recommendation. This is a successive application, therefore it is not appropriate. PLANNING COMMISSION RECOMMENDATION: Approval for SRL pursuant to 9.5-511 (d)(4) and (5)b iii, iv, v. BOARD OF COUNTY COMMISSION DECISION: Approval for SRL pursuant to 9.5-511 (d)(4) and (5)b iii, iv, v. ... 47 "-~~~- t1)COUNr~ ... ...... co . ~ ...... CU,'O'" 0.... 8..~:,ji" (,~""~-l'.. ~~[ ,..1. .,. \: . \~..... ...../ ~~ ~~:~~~.~~~. .~ ~l:~9" mann!, l.. 1&olf)agt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (3051294-4641 BRANCH OFFICE. P.O. BOX 379 PLANTATION KEY, FLORIDA 3307f,l TEL. (305) 852-925~ July 14, 1989 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 p.. o~7-18 6- Iq~ Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 020-1989 adopting and ratifying certain Land Use District Map Amendments pertaining to the Monroe County Land Development Regulations; etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Special Meeting in formal session on July 5, 1989. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners "- By: Rosalie L. cc: Mayor Michael Puto Commissioner Wilhelmina Harvey Commissioner Douglas Jones Commissioner Eugene Lytton Commiss~qner John Stormont County Attorney Randy Ludacer County Administrator Tom Brown Asst. Co. Admin. Don Craig File P 027 13b 126 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOEO NOT FOR INTERNATIONAL MAIL el( ~ J ~ G PO. State and ZIP C e Postage Cer1lfled Fee Special Delivery Fee Restricted Delivery F)e Return Receipt showing to whom and Date Delivered 'Po J 4 fl ,5 Post "--- .....~.--- -.-- ------ - -~...,...J.. 5. Signature - Addressea X 6. X . SENDER: Complete Items 1 end 2 when lIddltlonel ..rvle.. .r. daalrlld. end comPleta ltams 3 .nc:l4: 'Put your .ddr_ In the "RETURN TO" Spece on the reve,.e .'de. F.llure to do thl. will prevent thl. c.rd from being returned to you. dellver.d to .nd the d.te of d.llv,r'(. or .ddltlo".' _ the ollowlng ..rvlc.. Ire .ve Ie, Con.ult POltm..ter for fe.. .nd check box I..) for .ddltlon.1 ..rvlcel.) reQU8lted. 1. 0 Show to whom delivered, d.te, .nd .ddr....'. .ddr_. 2. 0 R..trlcted Delivery . t(Extra chllrge)t t(Extra charge)t 3. Article Addressed to: 4. Article Number ~?~.,~ ~ ~ ~ ~ew.. .~~ . aok . Type of Service: h..A.. ~ ,,"\,,," Q.Q~ gRegistered ~ liJIoCertified ~ ~ D Express)Ai1 '\""- ~ , ""4l ~ ':i.;,;O Always obtafns/gneture of addressee , or agent and DATE DELIVERED. 8. Addressee's Address (ONL Y if requested and fee paid) D 'nSUred DCOD Signature - Agent J * U.S.G.P.O. 1987-178-268 DOMESTIC RETURN RECEIPT 7. Date of Delivery PS Form 3811, Mar. 1987 �IIEyr i ibi . _ems, • CDD WE< A FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 1802, The Capitol Tallahassee, Florida 32399-0250 (904) 488-8427 July 17 , 1989 Honorable Danny L. Kolhage Clerk of Circuit Court & Ex-0fficio Clerk to BCC Monroe County Courthouse 500 Whitehead Street Key West , Florida 33040 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125 . 66 , Florida Statutes , this will acknowledge : 1 . Receipt of letter/s of July 14 , 1989 and certified copy/ies of Monroe County Ordinance( s ) Numbers 89-19 ;48°' 2Q, 89-21 , together with Resolution No. 89-406 2 . Receipt of County Ordinance( s ) relative to : • (a) which we have. numbered ' (b ) which we have numbered 3 . We have filed this/these ordinances in this office on 'July 17 , 1989 . (2 : 56 pm) 4 . The original/duplicate copy/ies showing the filing date is/are being returned for your records . Sincerely, Liz Chid, Chief Bureau of Administrative Code LC/ mb cc : Dept . of Community Affairs ~...>'.:\ "'''~\ ~ ~-::."r & C.?~.~:'" ('0 ~ " "'0'''' ClJlO.... C- d~..1A('<!'....."... .Q:-; r-- "IJI. , ij: .'" '.' ; ~ ".,.".\. ""'. ..::'Q"C-lI ~('" .... - -.-- .... ,.' , ' ~'~~~ '~~~'~~':', ~~~;1 .............,1(J,;~,;>. r 1!lannp JL. l\olbagc BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON. FLORIDA 33050 TEL. (3051 743..9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294..4641 BRANCH OFFICE P.O.. BOX 379 PLANTATION KEY. FLORIDA 33070 TEL. (305) 852..9253 May 21, 1990 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John Welch Municipal Code Corporation Post Office Box 2235 Tallahassee, FL 32304 Dear Mr. Welch: Enclosed for your handling is a certified copy of Ordinance No. 020-1989 adopting and ratifying certain Land Use District Map Amendments pertaining to the Monroe County Land Development Regulations. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Special Meeting in formal session on July 5, 1989. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners BY:~ Rosalie L. C nnolly, D Clerk cc: Dianne Bair, Growth Management Division File -2