Item S2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 13, 2000
Bulk Item: Yes_ No X
Division: Growth Management
Department Planning and Environmental Resources
AGENDA ITEM WORDING:
A public hearing to consider a DCA Transmittal Resolution to amend the Future Land Use Map (FLUM)
from Residential Medium (RM) to Residential High (RH).
ITEM BACKGROUND:
On October 3 I, 2000, the Development Review Committee recommended approval of the item to the
Planning Commission. On November 16, 2000, the Planning Commission recommended approval of the
item to the Board of County Commissioners.
PREVIOUS RELEVANT BOARD ACTION:
In 1994, the BOCC voted to deny a rezoning request for this property. However, ensuing litigation resulted
in a Writ of Certiorari issued by the Circuit Court of the Sixteenth Judicial District on August 17, 1998 that
ordered the BOCC to reverse its decision and grant the rezoning from Improved Subdivision (IS) to Urban
Residential-Mobile Home (URM). Consequently, this FLUM amendment is necessary to bring the existing
land use district into conformity with the FLUM designation for the property.
STAFF RECOMMENDATION:
APPROVAL
TOTAL COST:
N/A
BUDGETED: Yes N/A
No:
COST TO COUNTY: N/A
AMOUNT PER MONTH: N/A
PER YEAR: N/ A
APPROVED BY: County Attorney ~ OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION: Included X
DEPARTMENT HEAD APPROVAL:
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
t
LOTS 1-18, BLOCK 27, SANDS SUBDIVISION, BIG PINE
KEY
FUTURE LAND USE MAP AMENDMENT
TRANSMITTAL HEARING
BOARD OF COUNTY COMMISSIONERS
MARATHON GOVERNMENT CENTER
DECEMBER 13, 2000
M#20048
PROPOSED FUTURE LAND USE AMENDMENT
RESIDENTIAL MEDIUM (RM)
TO
RESIDENTIAL HIGH (RH)
This map amendment is for changing the Future Land Use Map designation from
Residential Medium (RM) to Residential High (RH). The properties described as Lots 1-
18, Block 27, Sands Subdivision, Big Pine Key, Monroe County, Florida are included in
this map amendment. The properties are located between Avenue D (to the north),
Avenue C (to the south), Sands Road (to the west), and 1st Avenue (to the east). U.S.
Highway 1 is approximately two blocks south of the property. The subject properties are
located at approximately MM 31.
FUTRE LAND USE RECOMMENDATIONS
Staff:
Approval
October 17,2000
Staff Report
DRC:
Approval
October 31, 2000
Resolution #D 16-00
PC:
Approval
November 16,2000
Resolution #P72-00
BOCC TRANSMITTAL RESOLUTION
RESOLUTION NO. -2000
A RESOLUTION BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
TRANSMITTING TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS THE
REQUEST BY JOHN 1. AND 1. LESLIE BRIER TO
CHANGE THE FUTURE LAND USE MAP OF THE
MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RESIDENTIAL
MEDIUM (RM) TO RESIDENTIAL HIGH (RH) FOR
THE PROPERTIES DESCRIBED AS LOTS 1,2, 3, 4,
5, 6, 7, 8, 9, 10, II, 12, 13, 14, 15, 16, 17, AND 18,
BLOCK 27, SANDS SUBDIVISION, BIG PINE KEY,
LOCATED IN SECTION 25, TOWNSHIP 66S,
RANGE 29E, AT APPROXIMA TEL Y MILE
MARKER 31 , HAVING THE REAL ESTATE
IDENTIFICATION NUMBER 00303510.000000.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing for the purposes of conducting the transmittal to the Florida Department of
Community Affairs for review and comment of a proposed amendment to the Future
Land Use Map of the Monroe County Year 2010 Comprehensive Plan changing the
future land use designation of the properties described above; and
WHEREAS, the Planning Commission and the Monroe County Board
of County Commissioners support the requested future land use designation
change;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendations
of the Planning Commission pursuant to the attached draft ordinance (marked as Exhibit
1) for adoption of the proposed Future Land Use Map amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment as part of the first (1 sl ) set of comprehensive plan amendments for 2001 to
the Florida Department of Community Affairs for review and comment in accordance
with the provisions of Sections 163.3184 and 380.0552, Florida Statutes; and
Section 3. The Monroe County staff is given authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of9J-l1.006 ofthe Florida Administrative Code; and
Transmittal Resolution #M20048
Page 1 of2
Initials
-
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 13th of December, 2000.
Mayor Neugent
Mayor Pro Tern Williams
Commissioner McCoy
Commissioner Nelson
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Neugent
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
BY
Transmittal Resolution #M20048
Page 2 of2
Initials
-
EXHIBIT 1
DRAFT FLUM ORDINANCE
ORDINANCE NO. -01
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROVING A REQUEST BY JOHN 1. AND J.
LESLIE BRIER TO AMEND THE FUTURE LAND
USE MAP FROM RESIDENTIAL MEDIUM (RM)
TO RESIDENTIAL HIGH (RR) FOR THE
PROPERTIES DESCRIBED AS LOTS 1,2, 3, 4, 5, 6,
7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, AND 18, BLOCK
27, SANDS SUBDIVISION, BIG PINE KEY,
LOCATED IN SECTION 25, TOWNSHIP 66S,
RANGE 29E, AT APPROXIMA TEL Y MILE
MARKER 31.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on December 13,2000, 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 Residential High (RR) for properties described as Lots 1-
18, Block 27, Sands Subdivision, Big Pine Key, Section 25, Township 66S, Range 29E,
Monroe County, Florida, having the real estate identification number 00303510.000000.
WHEREAS, the Development Review Committee, Planning Commission and
staff support and recommend approval of this future land use map amendment from RM
to RH as indicated in resolutions D-16-00 and P-72-00; and
WHEREAS, the Planning Commission held a public meeting on November 16,
2000 and recommends approval of the request; and
WHEREAS, the Board of County Commissioners made the following Findings
of Fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations
allows the Board of County Commissioners to consider adopting an ordinance to
enact map changes under six listed conditions.
2. This Map Amendment recognizes data errors, new issues, and a need for additional
detail or comprehensiveness in planning. The application was initiated by the
applicant's agent to amend the future land use map to a designation that corresponds
with the current zoning of the property.
3. The pre-l 986 zoning of Paradise Island Park was Single-Family Residential (RU-l).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the
subject properties was changed to Improved Subdivision (IS). The purpose of the
HOCC Ordinance to Amend FLUM
File M#20048
Page 1 of5
Initials
Improved Subdivision (IS) zoning district is to accommodate the legally vested
residential development rights of the owners of lots in subdivision that were lawfully
established and approved prior to the adoption of the current Land Development
Regulations in 1986.
5. The current Future Land Use Map category for Paradise Island Park is Residential
Medium (RM).
6. The Future Land Use Map 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).
7. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the
purpose of Residential Medium (RM) Future 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 approved potable water supply, and
have sufficient uplands to accommodate the residential uses. Development on vacant
land within this land use category shall be limited to one residential dwelling unit for
each such platted lot or parcel which existed at the time.
8. The Monroe County Circuit Court issued a Writ of Certiorari (Case # 94-1528-CA-
18) on August 17, 1998 that ordered the zoning of the subject property be changed
from Improved Subdivision (IS) to Urban Residential - Mobile Home (URM).
9. A binding ten-year Development Agreement established by Paradise Island Park,
Inc., Key West Oceanside Marina, Inc., Monroe County, and the Florida Department
of Community Affairs was entered into on April 4, 2000. Part of that agreement
called for the County to initiate the change in future land use designation from
Residential Medium (RM) to Residential High (RH).
10. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that
Monroe County shall eliminate or reduce the frequency of uses that are inconsistent
with the applicable provisions of the Land Development Regulations and the Future
Land Use Map.
11. The Urban Residential - Mobile Home (URM) land use district corresponds with
only one Future Land Use category, Residential High (RH).
12. Section 9.5-213 states that the purpose of the Residential High (RH) Future Land
Use category is to provide for high-density, single-family, multi-family, and
institutional residential development, including mobile homes and manufactured
housing, located near employment centers.
13. The additional development rights approved in the Development Agreement
authorized by Monroe County and the Florida Department of Community Affairs
BOCC Ordinance to Amend FLUM
File M#20048
Page 2 of5
Initials
supports the intent of the Urban Residential - Mobile Home (URM) zoning district
and the Residential High (RH) Future Land Use category.
14. Section 9.5-233 indicates that the Urban Residential - Mobile Home (URM) zoning
district permits mobile homes and detached residential dwellings, and therefore is the
most applicable zoning district.
15. Section 9.5-511 prohibits any map amendments that would negatively impact
community character.
16. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
17. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding
impacts on public facilities.
18. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall
direct future growth to lands which are intrinsically most suitable for development
and shall encourage conservation and protection of environmentally sensitive lands.
19. The proposed map amendment supports Goal 102 through the reduction in density
from forty-one (41) to eighteen (18) units; and
WHEREAS, the Board of County Commissioners made the following Conclusions of
Law:
I. This text amendment meets the second, third, and fourth criteria outlined in Section
9.5-511 of the Monroe County Land Development Regulations and will not
negatively impact or alter the character of the surrounding area.
2. The proposed land use changes would positively impact and reinforce the
community's character, which is consistent with Objective 101.4 of the Monroe
County Year 2010 Comprehensive Plan.
3. The proposed map amendment supports Objective 101.11 of the Monroe County
Year 20 I 0 Comprehensive Plan based on the findings of the 2000 Public Facilities
Capacity Assessment Report and the listed programs on stormwater and wastewater.
There are no significant concerns regarding impacts on public facilities.
BOCC Ordinance to Amend FLUM
File M#20048
Page 3 of 5
Initials
4. The proposed map amendment is consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan. This project reduces the density from forty-one (41)
to eighteen (18) units on an island that has a low Level of Service on U.S. I and is
home to endangered species.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT;
Section 1. This Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. The previously described property, which is currently Residential Medium
(RM), shall be designated as Residential High (RH) as shown on the attached map,
which is hereby incorporated by reference and attached as Exhibit 1.
Section 3. The Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan shall be amended as delineated in Section 2 above.
Section 4. If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 6. This ordinance is hereby transmitted to the state land planning agency for
review and comment pursuant to Chapter 163, Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission finding the
amendment in compliance with Chapter 163.
BOCC Ordinance to Amend FLUM
File M#20048
Page 4 of 5
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the day of , A.D, 2001.
Mayor Neugent
Mayor Pro Tern Williams
Commissioner McCoy
Commissioner Nelson
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Neugent
(SEAL)
BY
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
BOCC Ordinance to Amend FLUM
File M#20048
Page 5 of 5
Initials
m
~<' " ~-
1:1.. >_>,.' '.
..
'~
~
The Monroe County Year 2010 Comprehensive Plan Future N
land Use Map is Q[gJJosed to be amended as indicated above
and briefly described as: Chanae Lots 1 throuah 18, Block 27. Sands
Subdivision, Bia Pine Kev. Monroe County. Florida from RM to RH
Pursuant to
Effective Date:
Director of Planning and Environmental Resources
Amendment #: 20048
Date
Sheet #: 6
Q
KEY
D
.. ":'.-':' <.... ~ .:r;..~.~\;..~::--::"- ."'-.
Proposed FLUM District Map Key: Big Pine
Amendment: Street Map Mile MarXer: Approximate Mile Marker 31
Proposal: Change FLUM District from RM to RH
Property description: Lots 1 through 18, Block 27, Sands Sutx:livision, Big Pine Key,
FLUM Map #: 6 Map Amendment #: 20048
N
Proposed FLUM District Map Key: Big Pine
Amendment: Aerial Mile MarKer: 31
Proposal: Change FLUM designation from RM 10 RH
Property description: Lots 1 through 18, Bbck 27, Sands Subdivision, Big Pine Key, Monroe County,
Florida
FLUM Map #: 6 Map Amendment #: 20048
N
BOCC STAFF REPORT
MEMORANDUM
TO: Board of County Commissioners
THROUGH: K. Marlene Conaway, Director of Planning ~
FROM:
Martin Schultz, Planner
Ralph Gouldy, Senior Administrator - Environmental Resources
RE:
Paradise Island Park Future Land Use Map Change
File M20048
DATE:
November 27,2000
MEETING DATE: December 13,2000
EXISTING FUTURE LAND USE DESIGNATION: Residential Medium (RM)
PROPOSED FUTURE LAND USE DESIGNATION: Residential High (RH)
EXISTING ZONING DESIGNATION: Urban Residential- Mobile Home
(URM)
PROPOSED ZONING DESIGNATIONS: No Change
PROPERTY OWNER: John J. and 1. Leslie Brier
AGENT: Franklin D. Greenman
PROPERTY INFORMATION
Key:
Big Pine
Size:
2.07 acres
Mile Marker:
31
Location Detail & Brief Description:
Paradise Island Park, owned by John J. and J. Leslie Brier is located at 100 15t Street, which is
approximately at Mile Marker 31, Big Pine Key, Monroe County, Florida. The subject properties are
described as Lots 1-18, Block 27, Sands Subdivision. The Real Estate number for the parcel is
00303510-000000.
File # 20048
Page I of9
C:\TEMP\Brier Bacc StaffReport.doc
Existing Use:
The site has been used as a mobile home/RV park since the mid-1960s. The Development
Agreement signed between the owners of the property and Monroe County states that there are a
total of forty-one (41) units of ROGO-exempt housing, or credits for same, on the site.
There are eighteen (18) lots on the site, with all of them having approximate dimensions of 50' X
100'. Section 9.5-281, Minimum Yards, of the Land Development Regulations indicate that the
setbacks in the Urban Residential- Mobile Home (URM) zoning district are a minimum often (10)
feet in the front yard, ten (10) feet for each side yard, and twenty (20) feet in the rear yard.
However, in the Minor Conditional Use Development Order #5-00, the Planning Director chose to
modify the requirements for minimum yards, which is allowed in Section 9.5-266 of the Monroe
County Code.
With the current URM zoning, in accordance with Section 9.5-377, District Boundary Buffers, a
Class "C" bufferyard between URM and IS land use districts is required. However, based upon the
site plan, zoning change from IS to URM, community character, and the URM district being
developed in accordance with Improved Subdivision (IS) standards, staff concluded in the Minor
Conditional Use Development Order #5-00 that street trees (Section 9.5-366) will suffice for
bufferyards. By providing one (I) street tree per lot, the redevelopment provides the standard
number of trees called for in Section 9.5-366.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
Sands Subdivision is a platted subdivision that is serviced by public utilities. The parcels fall within
the AE-8 flood zone per FIRM pane11536H, effective date March 3, 1997.
Information from Sheet Number 148 of the Existing Conditions Map indicates that the site is
disturbed (code 740).
Neighboring Land Uses and Character:
The areas contiguous to this property are residential in character, with low-density areas to the north
and south and a high-density URM-zoned area to the west. A commercial area lies one block south
of this property while U.S. 1 is two blocks south of the property.
ZONING AND LAND USE HISTORY
Pre-1986 Zoning:
The pre-1986 zoning for the subject properties was RU-l, Single Family Residential. The purpose
of this district was to provide protected homesites; to preserve and provide amenities conducive to a
living environment; and to prevent the use of land and buildings which would tend to adversely
affect these conditions. Lots already platted on record were required to be 6,000 square feet in area
or more. Lots with less than 6,000 square feet required a variance in order to build a single-family
home.
File # 20048 Page 2 of 9
C:\TEMP\Brier BOCC StaffReport.doc
Considerations During the 1986 Comprehensive Plan Process:
During the 1986 Comprehensive Plan process, the parcels were rezoned Improved Subdivision (IS).
This was consistent with the purpose of IS, which is the accommodation of legally vested
development rights of owners of lots in subdivisions that were lawfully established and improved
prior to the adoption of the current Land Development Regulations. A density of one (I) dwelling
unit per lot is allowed in the IS land use district
Considerations During the 2010 Comprehensive Plan Process:
During the 2010 Comprehensive Plan process, the Future Land Use category Residential Medium
(RM) was applied to the subject property. According to the Comprehensive Plan, all properties
zoned IS were classified as RM on the Future Land Use Map.
Changes to Boundary Considerations Since 1986:
The IS zoning of the park has made the property non-conforming with respect to density since 1986.
The park has forty-one (41) dwelling units with eighteen (18) being the maximum allowed for this
parcel. Beginning in 1988, the current owners of the park attempted to rezone the property to bring
it into conformity. Issues that arose during the rezoning process led the owners to pursue litigation
against the County in order to resolve those issues. The litigation also did not lead to a resolution of
the situation.
On August 17, 1998, Monroe County Circuit Judge Sandra Taylor issued an Order, Writ of
Certiorari, in Circuit Court Case No. 94-1528-CA-18. The Writ of Certiorari ordered the Board of
County Commissioners to reverse the decision to deny the park owners request to rezone the
property from Improved Subdivision (IS) to Urban Residential Mobile Home (URM). The Judge
determined that the County made an error during the 1986 Comprehensive Plan process when the
property was zoned IS. She determined it should have been zoned URM. The property was in fact
scheduled to become URM at one time during the process, but when the Sands Subdivision was
changed to IS, the park was mistakenly changed to IS along with the rest of the subdivision.
ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b):
Changed Projections or Assumptions: None.
Data Errors:
As mentioned above, it has been determined that the IS zoning of the property in 1986 was an error.
The correct zoning should have been URM. The Writ of Certiorari reversed a decision to deny a
rezoning request made by the owners.
New Issues:
File # 20048
Page 3 of9
C:\TEMP\Brier BaCC Staff Report.doc
The new issue associated with this proposed map amendment is the Writ of Certiorari issued by
Judge Taylor that ordered the rezoning of the property from Improved Subdivision (IS) to Urban
Residential Mobile Home (URM). As part of the ensuing Development Agreement, the County
agreed to go through the process of amending the Future Land Use Map category from Residential
Medium (RM) to Residential High (RR).
Recognition of a Need for Additional Detail or Comprehensiveness:
This proposed amendment recognizes the need to bring an existing Future Land Use Map category
into conformity with its established existing land use by providing the appropriate Future Land Use
Map category.
The standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan stipulate that all
properties with the zoning classification Urban Residential Mobile Home (URM) shall have the
corresponding Future Land Use Map category Residential High (RR).
Data Updates: None.
IMPACT AND POLICY ANALYSIS
Comparison of Development Potential for the Current and Proposed Land Uses:
1. Current Land Development Regulations (LDRs)
The current Future Land Use Map category for the subject properties is Residential Medium
(RM). Policy 101.4.3 of the Monroe County Year 2010 Plan Policy Document states that:
The principal purpose of the Residential Medium (RM) 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
approved potable water supply, and have sufficient uplands to accommodate the residential uses.
Development on vacant land within this land use category shall be limited to one residential dwelling unit
for each such platted lot or parcel which existed at the time of plan adoption.
The current zoning for the subject properties is Urban Residential Mobile Home (URM) Section
9.5-205 ofthe Monroe County Land Development Regulations, described in the LDR's as follows:
The purpose of the URM district is to recognize the existence of established mobile home parks and
subdivisions, but not to create new such areas, and to provide for such areas, and to provide for such areas
to serve as a reservoir of affordable and moderate-cost housing in Monroe County.
Allowable uses under Section 9.5-234, Urban Residential- Mobile Home District, include:
· Mobile homes
· Detached residential dwellings
· Recreational vehicles
· Home occupations-Special use permit requiring a public hearing
· Accessory uses
File # 20048 Page 4 of 9
C:\TEMP\Brier BOCC StaffReport.doc
· Tourist housing uses, including vacation rental uses, are prohibited except in gated communities
which have (a) controlled access and (b) a homeowner's or property owner's association that
expressly regulates or manages vacation rental uses.
Uses permitted as major conditional uses include:
. Marinas
· Commercial retail of low and medium intensity and office uses or any combination thereof of less
than twenty-five hundred (2,500) square feet of floor area
· Parks and community parks
· Stealth wireless communications facilities, as accessory uses.
There are no minor conditional uses in the URM district.
2. Potential Land Uses With Proposed Map Amendment
The proposed Future Land Use Map category is Residential High (RH). Policy 101.4.4 of the
Monroe County Year 2010 Plan Policy Document states that:
The principal purpose of the Residential High (RH) land use category is to provide for high-density,
single-family, multi-family, and institutional residential development, including mobile homes and
manufactured housing, located near employment centers.
The proposed Future Land Use Map category of Residential High (RH) corresponds with the
current zoning of Urban Residential - Mobile Home (URM), which is described above in the
Current Land Development Regulations (LDRs) section.
Compatibility With Adjacent Land Uses and Effects on Community Character:
Section 9.5-511 of the LDRs, which prohibits any amendments that would negatively impact
community character.
The proposed map amendment will not result in a conflict with the character of the surrounding
community based on the following findings:
Density and Intensity
The maximum residential density allowable for the subject parcel is curr~ntly governed by a
Development Agreement. Under the Development Agreement, the applicant has the right to develop
nineteen (19) units of housing. One of the units will be transferred off site using the Transfer of
Development Rights. The result will be eighteen (18) units, or one per lot. This is consistent with
the allocated density for the Urban Residential- Mobile Home district. Since the current density on
the site is forty-one (41) units, the redevelopment will decrease the density by twenty-three (23)
units.
Use Compatibility
File # 20048
Page 5 of9
C:\TEMP\Brier BOCC Staff Report.doc
The residential use planned for the area is more consistent with the other residential uses in the area
than the higher density R V park that has existed in the past. Although the area will be considered
Residential High, the density of the site will be similar to what is found is the Residential Medium
designation.
Local Traffic and Parking
Each dwelling unit will have two parking stalls underneath the structure. The decrease in dwelling
units should also decrease local traffic and will not impact parking in Monroe County.
Effects on Natural Resources:
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
The site is completely scarified and will have no effect on environmentally sensitive lands.
Effects on Public Facilities:
Objective 101.11 of the 2010 Plan requires the County to direct future growth away from
environmentally sensitive land and towards established development areas served by existing public
facilities. The proposed land use change supports Objective 101.11 based on the following findings
of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater
and wastewater:
Traffic Circulation
It is assumed that a decrease in dwelling units will either maintain the same level of traffic or
decrease the current level of traffic in the area. Therefore, staff concludes that the Level of Service
on U.S. 1 will not be negatively impacted.
Solid Waste
The existing solid waste haul-out contract provides the County with approximately six more years
of guaranteed capacity.
Potable Water
The Florida Keys Aqueduct Authority's existing consumptive use permit authorizes the withdrawal
of sufficient quantities to meet the demand anticipated for the remainder of 2000. The proposed
land use change is not anticipated to have a significant effect on potable water withdrawals.
Storm water
It is unlikely that a net increase in storm water runoff could result from this land use change as
File # 20048 Page 60f9
C:\TEMP\Brier BOCC StaffReport.doc
Section 9.5-293 of the Land Development Regulations requires that all developments retain
stormwater on site following Best Management Practices (BMPs).
Also, pursuant to Policy 101.1.1, all projects shall be designed so that the discharges will meet
Florida State Water Quality Standards Compliance review for these sections is determined by the
Environmental Resources Department and the Department of Health and occurs at the time a
development permit has been filed. In addition, Monroe County and the South Florida Water
Management District, acting in accordance with Governor Chiles' Executive Order No. 96-108,
have developed an agreement for the development of a Stormwater Management Master Plan.
In this regard, no negative effects from the proposal are anticipated.
Effects on Redevelopment/Infill Potential:
Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are
intrinsically most suitable for development and shall encourage conservation and protection of
environmentally sensitive lands. The redevelopment of the subject property meets the intent of
Goal 102 by reducing the density from forty-one (41) to eighteen (18) units. In addition, the project
lowers density in an area where the Level of Service on U.S. I is below the standards deemed
acceptable by the County.
The conservation and protection of environmentally sensitive lands are not an issue with this project
as the site is completely scarified.
FINDINGS OF FACT
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
2. This Map Amendment recognizes data errors, new issues, and a need for additional detail or
comprehensiveness in planning. The application was initiated by the applicant's agent to amend
the future land use map to a designation that corresponds with the current zoning of the
property.
3. The pre-1986 zoning of Paradise Island Park was Single-Family Residential (RU-l).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Improved Subdivision (IS). The purpose of the Improved
Subdivision (IS) zoning district is to accommodate the legally vested residential development
rights of the owners of lots in subdivision that were lawfully established and approved prior to
the adoption of the current Land Development Regulations in 1986.
5. The current Future Land Use Map category for Paradise Island Park is Residential Medium
(RM).
File # 20048
Page 7 of9
C:\TEMP\Brier BOCC StaffReport.doc
6. The Future Land Use Map 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).
7. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
Residential Medium (RM) Future 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 approved potable water supply, and have sufficient uplands to accommodate
the residential uses. Development on vacant land within this land use category shall be limited
to one residential dwelling unit for each such platted lot or parcel which existed at the time
8. The Monroe County Circuit Court issued a Writ of Certiorari (Case # 94-1528-CA-18) on
August 17, 1998 that ordered the zoning of the subject property be changed from the Improved
Subdivision (IS) to Urban Residential- Mobile Home (URM).
9. A binding ten-year Development Agreement established by Paradise Island Park, Inc., Key
West Oceanside Marina, Inc. Monroe County, and the Florida Department of Community
Affairs was entered into on April 4, 2000. Part of that agreement called for the County to
initiate the change in future land use designation from Residential Medium (RM) to Residential
High (RR).
10. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses that are inconsistent with the applicable
provisions of the Land Development Regulations and the Future Land Use Map.
11. The Urban Residential - Mobile Home (URM) land use district corresponds with only one
Future Land Use category, Residential High (RH).
12. Section 9.5-213 states that the purpose of the Residential High (RH) Future Land Use category
is to provide for high-density, single-family, multi-family, and institutional residential
development, including mobile homes and manufactured housing, located near employment
centers.
13. The additional development rights approved in the Development Agreement authorized by
Monroe County and the Florida Department of Community Affairs supports the intent of the
Urban Residential - Mobile Home (URM) zoning district and the Residential High (RH) Future
Land Use category.
14. Section 9.5-233 indicates that the Urban Residential - Mobile Home (URM) zoning district
permits mobile homes and detached residential dwellings, and therefore is the most applicable
zoning district.
15. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
File # 20048
Page 8 of9
C:\TEMP\Brier BOCC StaffReport.doc
16. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
17. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
18. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
19. The proposed map amendment supports Goal 102 through the reduction in density from forty-
one (41) to eighteen (18) units.
CONCLUSIONS OF LAW
1. This text amendment meets the second, third, and fourth criteria outlined in Section 9.5-511 of
the Monroe County Land Development Regulations and will not negatively impact or alter the
character of the surrounding area.
2. The proposed land use changes would positively impact and reinforce the community's
character, which is consistent with Objective 101.4 of the Monroe County Year 2010
Comprehensive Plan.
3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
4. The proposed map amendment is consistent with Goal 102 of the Monroe County Year 2010
Comprehensive Plan. This project reduces the density from forty-one (41) to eighteen (18) units
on an island that has a low Level of Service on U.S. 1 and is home to endangered species.
RECOMMENDATION
Based on the Findings of Fact and Conclusions of Law, the Planning Commission recommends
APPROVAL to the Board of County Commissioners of the proposed Future Land Use Map
amendment from Residential Medium (RM) to Residential High (RR).
File # 20048
Page 9 of9
C:\TEMP\Brier BOCC Staff Report.doc
PLANNING COMMISSION
RESOLUTION
PLANNING COMMISSION RESOLUTION NO. P72-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST BY JOHN J. AND J.
LESLIE BRIER TO AMEND THE FUTURE LAND USE MAP
FROM RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL
HIGH (RH) FOR THE PROPERTIES DESCRIBED AS LOTS I,
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, AND 18,
BLOCK 27, SANDS SUBDIVISION, BIG PINE KEY,
LOCATED IN SECTION 25, TOWNSHIP 66S, RANGE 29E,
AT APPROXIMA TEL Y MILE MARKER 31.
WHEREAS, the Monroe County Planning Commission, during a regular meeting held on
November 16, 2000, conducted a review and consideration of the request filed by the applicant to
amend the Future Land Use Map from Residential Medium (RM) to Residential High (RH) for the
properties described as Lots 1-18, Block 27, Sands Subdivision, Big Pine Key, Section 25,
Township 66S, Range 29E, Monroe County, Florida, having the real estate identification number
00303510.000000; and
WHEREAS, the Planning Commission examined the following information:
1. The application from John J. and J. Leslie Brier to change the Future Land Use Map
from Residential Medium (RM) to Residential High (RH) for the subject properties;
and
2. The staff report prepared by Martin Schultz, Planner and Ralph Gouldy, Senior Administrator-
Environmental Resources, dated November 3, 2000; and
WHEREAS, the Planning Commission made the following Findings of Fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
2. This Map Amendment recognizes data errors, new issues, and a need for additional detail or
comprehensiveness in planning. The application was initiated by the applicant's agent to amend
the future land use map to a designation that corresponds with the current zoning of the
property.
3. The pre-1986 zoning of Paradise Island Park was Single-Family Residential (RU-l).
Map File #20048
Page 1 of 4
Initials
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Improved Subdivision (IS). The purpose of the Improved
Subdivision (IS) zoning district is to accommodate the legally vested residential development
rights of the owners of lots in subdivision that were lawfully established and approved prior to
the adoption of the current Land Development Regulations in 1986.
5. The current Future Land Use Map category for Paradise Island Park is Residential Medium
(RM).
6. The Future Land Use Map 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).
7. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
Residential Medium (RM) Future 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 approved potable water supply, and have sufficient uplaI}.ds to accommodate
the residential uses. Development on vacant land within this land use category shall be limited
to one residential dwelling unit for each such platted lot or parcel which existed at the time.
8. The Monroe County Circuit Court issued a Writ of Certiorari (Case # 94-1528-CA-18) on
August 17, 1998 that ordered the zoning of the subject property be changed from Improved
Subdivision (IS) to Urban Residential- Mobile Home (URM).
9. A binding ten-year Development Agreement established by Paradise Island Park, Inc., Key
West Oceanside Marina, Inc., Monroe County, and the Florida Department of Community
Affairs was entered into on April 4, 2000. Part of that agreement called for the County to
initiate the change in future land use designation from Residential Medium (RM) to Residential
High (RH).
10. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses that are inconsistent with the applicable
provisions of the Land Development Regulations and the Future Land Use Map.
11. The Urban Residential - Mobile Home (URM) land use district corresponds with only one
Future Land Use category, Residential High (RH).
12. Section 9.5-213 states that the purpose of the Residential High (RH) Future Land Use category
is to provide for high-density, single-family, multi-family, and institutional residential
development, including mobile homes and manufactured housing, located near employment
centers.
13. The additional development rights approved in the Development Agreement authorized by
Monroe County and the Florida Department of Community Affairs supports the intent of the
Map File #20048
Page 2 of 4
Initials
Urban Residential - Mobile Home (URM) zoning district and the Residential High (RR) Future
Land Use category.
14. Section 9.5-233 indicates that the Urban Residential - Mobile Home (URM) zoning district
permits mobile homes and detached residential dwellings, and therefore is the most applicable
zoning district.
15. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
16. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
17. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
18. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
19. The proposed map amendment supports Goal 102 through the reduction in density from forty-
one (41) to eighteen (18) units; and
WHEREAS, the Planning Commission made the following Conclusions of Law:
1. This text amendment meets the second, third, and fourth criteria outlined in Section 9.5-511 of
the Monroe County Land Development Regulations and will not negatively impact or alter the
character of the surrounding area.
2. The proposed land use changes would positively impact and reinforce the community's
character, which is consistent with Objective 101.4 of the Monroe County Year 2010
Comprehensive Plan.
3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
Map File #20048
Page 3 of 4
Initials
4. The proposed map amendment is consistent with Goal 102 of the Monroe County Year 2010
Comprehensive Plan. This project reduces the density from forty-one (41) to eighteen (18) units
on an island that has a low Level of Service on u.s. 1 and is home to endangered species; NOW
THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISION OF MONROE COUNTY,
FLORIDA, to recommend APPROVAL to the Monroe County Board of County Commissioners
of the request filed by the applicant to change the Future Land Use Map from Residential Medium
(RM) to Residential High (RR) for the properties described as Lots 1-18, Block 27, Sands
Subdivision, Section 25, Township 66S, Range 29E, Monroe County, Florida, having the real estate
identification number 00303510.000000.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a
regular meeting held on the 16th of November, 2000.
Chairman Mapes
Vice-Chair Stuart
Commissioner Werling
Commissioner Marr
Commissioner Hill
YES
ABSENT
YES
ABSENT
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
Lynn Mapes, Chair
Signed this
day of , 2000.
Map File #20048
Page 4 of 4 Initials
DRC RESOLUTION
DRC RESOLUTION NO. D16-00
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL TO THE MONROE COUNTY PLANNING
COMMISSION OF THE REQUEST BY JOHN J. AND J.
LESLIE BRIER TO AMEND THE FUTURE LAND USE MAP
FROM RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL
HIGH (RR) FOR THE PROPERTIES DESCRIBED AS LOTS 1,
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, AND 18,
BLOCK 27, SANDS SUBDIVISION, BIG PINE KEY,
LOCATED IN SECTION 25, TOWNSHIP 66S, RANGE 29E,
AT APPROXIMA TEL Y MILE MARKER 31.
WHEREAS, the Monroe County Development Review Committee, during a regular
meeting held on October 31, 2000, conducted a review and consideration of the request filed by the
applicant to amend the Future Land Use Map from Residential Medium (RM) to Residential High
(RH) for the properties described as Lots 1-18, Block 27, Sands Subdivision, Big Pine Key, Section
25, Township 66S, Range 29E, Monroe County, Florida, having the real estate identification
number 00303510.000000; and
WHEREAS, the Development Review Committee examined the following
information:
1. The application from John J. and J. Leslie Brier to change the Future Land Use Map
from Residential Medium (RM) to Residential High (RR) for the subject properties;
and
2. The staff report prepared by Martin Schultz, Planner and Ralph Gouldy, Senior Administrator,
Environmental Resources, dated October 17,2000; and
WHEREAS, the Development Review Committee made the following Findings of Fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
2. This Map Amendment recognizes data errors, new issues, and a need for additional detail or
comprehensiveness in planning. The application was initiated by the applicant's agent to amend
the future land use map to a designation that corresponds with the current zoning of the
property .
3. The pre-1986 zoning of Paradise Island Park was Single-Family Residential (RU-l).
Map File #20048
Page I of 4
Init;.I, ~
W:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-J udy\txtagN\D 16-00.doc
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Improved Subdivision (IS). The purpose of the Improved
Subdivision (IS) zoning district is to accommodate the legally vested residential development
rights of the owners of lots in subdivision that were lawfully established and approved prior to
the adoption of the current Land Development Regulations in 1986.
5. The current Future Land Use Map category for Paradise Island Park is Residential Medium
(RM).
6. The Future Land Use Map 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).
7. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
Residential Medium (RM) Future 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 approved potable water supply, and have sufficient uplands to accommodate
the residential uses. Development on vacant land within this land use category shall be limited
to one residential dwelling unit for each such platted lot or parcel which existed at the time.
8. The Monroe County Circuit Court issued a Writ of Certiorari (Case # 94-1528-CA-18) on
August 17, 1998 that ordered the zoning of the subject property be changed from Improved
Subdivision (IS) to Urban Residential - Mobile Home (URM).
9. A binding ten-year Development Agreement established by Paradise Island Park, Inc., Key
West Oceanside Marina, Inc., Monroe County, and the Florida Department of Community
Affairs was entered into on April 4, 2000. Part of that agreement called for the County to
initiate the change in future land use designation from Residential Medium (RM) to Residential
High (RH).
10. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses that are inconsistent with the applicable
provisions of the Land Development Regulations and the Future Land Use Map.
11. The Urban Residential - Mobile Home (URM) land use district corresponds with only one
Future Land Use category, Residential High (RH).
12. Section 9.5-213 states that the purpose of the Residential High (RH) Future Land Use category
is to provide for high-density, single-family, multi-family, and institutional residential
development, including mobile homes and manufactured housing, located near employment
centers.
13. The additional development rights approved in the Development Agreement authorized by
Monroe County and the Florida Department of Community Affairs supports the intent of the
Map File #20048
Page 2 of 4
Initials ~
W:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-J udy\txtagN\D l6-00.doc
Urban Residential - Mobile Home (URM) zoning district and the Residential High (RR) Future
Land Use category.
14. Section 9.5-233 indicates that the Urban Residential - Mobile Home (URM) zoning district
permits mobile homes and detached residential dwellings, and therefore is the most applicable
zoning district.
15. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
16. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
17. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
18. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
19. The proposed map amendment supports Goal 102 through the reduction in density from forty-
one (41) to eighteen (18) units; and
WHEREAS, the Development Review Committee made the following Conclusions of Law:
1. This text amendment meets the second. third. and fourth criteria outlined in Section 9.5-511 of
the Monroe County Land Development Regulations and will not negatively impact or alter the
character of the surrounding area.
2. The proposed land use changes would positively impact and reinforce the community's
character, which is consistent with Objective 101.4 of the Monroe County Year 2010
Comprehensive Plan.
3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
Map File #20048
Page 3 of 4
Initials ~
W:\Planning\Planning Commission Coordinator\ Working F older\Chambers-J udy\txtagN\D 16-00.doc
4. The proposed map amendment is consistent with Goal 102 of the Monroe County Year 2010
Comprehensive Plan. This project reduces the density from forty-one (41) to eighteen (18) units
on an island that has a low Level of Service on U.S. 1 and is home to endangered species; NOW
THEREFORE,
BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE
COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission,
the request filed by the applicant to change the Future Land Use Map from Residential Medium
(RM) to Residential High (RR) for the properties described as Lots 1-18, Block 27, Sands
Subdivision, Section 25, Township 66S, Range 29E, Monroe County, Florida, having the real estate
identification number 00303510.000000.
PASSED AND ADOPTED by the Development Review Committee of Monroe County,
Florida, at a regular meeting held on the 3151 of October, 2000.
Barbara Mitchell, Acting DRC Chair
Tom Kizis, Planner
Ralph Gouldy, Senior Administrator, Environmental Resources
Department of Public Works
Department of Engineering
Department of Health
YES
YES
YES
YES
YES
ABSENT
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
.-;---, '\ l \ 11 ~.
BY 5,,,t.'btllA.-( - ~t"L{" '
Barbara Mitchell, Acting DRC CH lr
Signed this I S;~ay of \\) ~A)-.(>V\"~~z.-..2000.
Map File #20048
Page 4 of 4
Initials ~
W:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-J udy\txtagN\D] 6-00.doc