HomeMy WebLinkAboutItem S10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 17.2010
Division: Growth Management
Bulk Item: Yes
No~
Department: PlanninlZ & Environmental Resources Dent.
Staff Contact Person: Christine Hurlev. AICP
Phone Number: (305) 289-2517
AGENDA ITEM WORDING:
A public hearing to consider an ordinance amending the land use district map designation from
Improved Subdivision (IS) to Suburban Commercial (SC) pursuant to a request by Siever's Marine,
Inc. for property located at Mile Marker 106 in Key Largo (RE#'s 00538170.000000,
00538180.000000, and 00538190.000000).
ITEM BACKGROUND:
On November 19, 2007, the Planning & Environmental Resources Department received a map
amendment application from the Applicant requesting that the current land use map designation of
three (3) parcels identified as Real Estate Numbers 00538170.000000, 00538180.000000 and
00538190.000000 be amended from Improved Subdivision (IS) to Suburban Commercial (SC). The
change in the land use district map designation is required to maintain consistency with the Future
Land Use Map. The Planning Commission at its November 17, 2009 meeting recommended approval
of the ordinance by Resolution No. 38-09.
PREVIOUS RELEVANT BOCC ACTION:
On January 26,2009, the BOCC approved Resolution 001-2009 transmitting an ordinance for adoption to
the Department of Community Affairs (DCA) amending the Future Land Use District Map from
Residential Medium (RM) to Mixed Use / Commercial (MC). There were no objections, recommendations
or comments from the DCA on the proposed FLUM amendment.
On June 2, 2009, the BOCC adopted Ordinance 2009-17a amending the Future Land Use District Map
from Residential Medium (RM) to Mixed Use / Commercial (MC).
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty 1L- OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Board of County Commissioners
Through: Christine Hurley, AICP
Growth Management Director
From: Katby Grasser, Comprebensive Planne~
Date: January 29, 2010
Subject: Request for an Amendment to the Land Use District Map
Sievers Marine, Inc, Key Largo, Mile Marker 106
Real Estate Numbers 00538170.000000,00538180.000000 and 00538190.000000
Meeting: February 17,2010
:l ~IU:QYE~T.
A request by the W. F. McCain & Associates, Inc., for Siever's Marine, Inc., to amend the
current Land Use District Map (LUD) designation from Improved Subdivision (IS) to Suburban
Commercial {sq.
Address:
Legal Description:
Mile Marker 106, Key Largo, Florida
Block I,Lots 1l,I2and 13,
Ocean Isle Estates, Monroe County, Florida
00538170.000000,00538180.000000 and 00538190.000000
William McCain, WF McCain & Associates
Siever's Marine, Inc.
Real Estate Numbers:
Applicant/Petitioner:
Property Owner:
I NOTE
2 On June 2, 2009, the BOCC adopted an ordinance amending a future land use map (FLUM)
3 change on three (3) parcels (RE numbers 00538170.000000, 00538180.000000, and
4 00538190.000000) from Residential Medium (RM) to Mixed Use / Commercial (MC). The
5 current land use district (LUD) designation of Improved Subdivision (IS) is currently
6 inconsistent with the Mixed Use i Commercial (MC) FLUM designation.
7
8 Any use allowed for the proposed land use is considered potential development, not only
9 affordable housing. Affordable housing can be built in designated Monroe County land use
10 districts. While there is a need for affordable housing, the data and the information provided
II by the applicant does not constitute a changed assumption justifying a map amendment.
12
13 The proposed LUD amendment from Improved Subdivision (IS) to Suburban i Commercial
14 (SC) does not guarantee future development for the three (3) parcels. Currently, Growth
15 Management does not have any pending applications for development on this property.
16 When or if, Growth Management receives an application, it will be addressed at that time.
17
18 II PROCESS
19 Amendments may be proposed by the Board of County Commissioners (BOCC), the
20 Plamring Commission, the Director of Planning, or the owner or other person having a
21 contractual interest in property to be affected by a proposed amendment. The Director of
22 Planning shall review and process map amendment applications as they are received and pass
23 them onto the Development Review Committee and the Planning Commission for
24 recommendation and final approval by the BOCC.
25
26 The Planning Commission and the BOCC shall each hold at least one public hearing on a
27 proposed amendment. The Planning Commission shall review the application, the reports
28 and recommendations of the Department of Planning & Environmental Resources and the
29 Development Review Committee and the testimony given at the public hearing. The
30 Planning Commission shall submit its recommendations and findings to the BOCC. The
31 BOCC shall consider the report and recommendation of and the testimony given at the public
32 hearings and may either deny the application or adopt a resolution transmitting the proposed
33 amendment to the Florida Department of Community Affairs (DCA). Ordinances are then
34 reviewed by the DCA and returned to Monroe County with a Notice of Intent.
35
36 III RELEVANT PRIOR COUNTY ACTIONS
37 On November 17, 2009, the Planning Commission approved Resolution P39-08
38 recommending approval to the BOCC amending the current LUD from Individual
39 Subdivision (IS) to Suburban Commercial (SC).
40
41 On November 18, 2008, the Planning Commission approved Resolution P43-08
42 recommending approval to the BOCC amending the FLUM from Residential Medium (RM)
43 Mixed Use / Commercial (MC).
44
45 On January 26,2009, the BOCC approved Resolution 001-2009 transmitting an ordinance for
46 adoption to the Department of Community Affairs (DCA) to change three (3) parcels from
47 Residential Medium (RM) to Mixed Use / Commercial (MC). There were no objections,
48 recommendations or comments from the DCA on the proposed FLUM amendment.
Siever's Marine. Inc. M27092
ORC: October 19,2009
PC: November 17. 2009
P. 2 of 17
BOCC: February 17,2010
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On June 2, 2009, the BaCC adopted Ordinance 2009-17a amending the Future Land Use
District Map from Residential Medium (RM) to Mixed Use / Commercial (Me).
IV BACKGROUND INFORMATION
Land Use District (LVD) Desienation
Improved Subdivision (IS)
Future Land Use MaD Desienation
Mixed Use / Commercial (MC)
Total Size of Parcel Proposed to be Amended
RE: # 00538170.000000:
RE: # 00538180.000000:
RE: # 00538190.000000:
Total Site Size:
8,240 tt2
6,000 ft2
7.000 ft2
21,240 fr or ~ acre
Tier Desienation
Tier III
Flood Zone
x
Existine Use
RE: # 00538170.000000: Undeveloped
RE: # 00538] 80.000000: Undeveloped
RE: # 00538190.000000: Undeveloped
Existine Veeetation / Habitat
Cleared with some vegetation
Community Character of Immediate
Vicinity
The applicant's parcels are located at
Mile Marker 106. They are located at the
split of U.S. 1 and U.S. 905 on the ocean
side. Parcels to the north are owned by
the State and are not developable.
Parcels to the east contain single family
residential dwelling units. The Baptist
Siever's Marine, Inc. M27092
DRC: October 19,2009
PC: November 17, 2009
COMMUNITY CHARACTER AERIAL
BOCC. February 17,20]0
1 Church, the Atlantic Dive Center and four (4) privately owned vacant parcels are located
2 to the south on U. S. I. Across U. S. 1 is the Travis Boating Center and private vacant
3 parcels. The Circle K gas station and convenience store are north of the applicant's
4 parcels at the U. S. I and U.S. 905 split.
5
6 V REVIEW OF APPLICATION
7 A. Consistency of the proposed amendment with the provisions and intent of the Monroe County
8 Year 2010 Comprehensive Plan:
9
10 The proposed LUD amendment retains the community character and quality of life in the
11 area. The proposed amendment is located in a Tier 111 area adjacent to the U. S. I corridor.
12 Tier 111 is appropriate for development due to the lack of native habitat patches. The
13 proposed amendment will retain the surrounding natural resources and direct future growth to
14 this area. This is consistent with smart growth initiatives. The proposed Land Use District
15 CLUD) amendment is consistent with the following provisions and intent of the Monroe
16 County Year 20 I 0 Comprehensive Plan.
17
18 1. Goal 10 I: Monroe COWlty shall manage future growth to enhance the quality of life,
19 ensure the safety of County residents and visitors, and protect valuable natural
20 resources.
21
22 2. Obiective 101.4: Monroe County shall regulate future development and redevelopment
23 to maintain the character of the community and protect the natural resources by
24 providing for the compatible distribution of land uses consistent with the designations
25 shown on the Future Land Use Map.
26
27 3. Goal 105: Monroe County shall undertake a comprehensive land acquisition program
28 and smart growth initiatives in conjunction with its Livable CommuniKeys Program in
29 a manner that recognizes the finite capacity for new development in the Florida Keys
30 by providing economic and housing opportunities for residents without compromising
31 the biodiversity of the natural environment and the continued ability of the natural and
32 manmade systems to sustain livable communities in the Florida Keys for future
33 generations.
34
35 4. Obiective 105.1: Monroe County shall implement smart growth initiatives in
36 conjWlction with its Livable CommuniKeys and Land Acquisition Programs which
37 promote innovative and flexible development processes to preserve the natural
38 environment, maintain and enhance the community character and quality of life,
39 redevelop blighted commercial and residential areas, remove barriers to design
40 concepts, reduce sprawl, and direct future growth to appropriate infill areas.
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Siever's Marine, Inc. M27092
DRC: October 19, 2009
PC November 17,2009
p, 4 of 17
BOCC: February 17,2010
1 B. Consistency of the proposed amendment with the provisions and intent of Chapter 102 of the
2 Monroe County Code, Land Development Regulations:
3
4 In accordance with MCC Sec. 102-158(d)(5)b., the BOCC may consider the adoption of an
5 ordinance enacting the proposed change based on one (I) or more of the following factors:
6 changed projections; changed assumptions; data errors; new issues; recognition of a need
7 for additional detail or comprehensiveness; and data updates. There was no applicant
8 response for data updates.
9
10 APPLICANT RESPONSE:
11
12 Changed projections (e.g., regarding public service needs) from those on which the text
13 or boundary was based
14
15 Since the Monroe County Comprehensive Plan's adoption in 1992 (based on the 1980
16 census data), the comprehensive plan and census data projected an even increase in future
17 population through the entire county. The KLLCP (Key Largo Livable CommuniKeys
18 Plan) addresses the need during this growth period to protect and enhance local
19 community roots, while protecting local environmental resources. This application
20 embodies the conclusions of the KLLCP; it replaces the single family residential (3 lots)
21 adjacent to and fronting the Overseas Highway corridor with viable commercial and
22 mixed class residential along a corridor of existing and prescribed suburban commercial
23 development. The application for a LUD amendment and re-zoning conforms to all the
24 goals of the KLLCP. The change will allow development that is compatible with the
25 goals of the KLLCP by protecting and enhancing local community life and minimizing
26 the impact on Monroe County's environmental resources.
27
28 The combined lots on Overseas Highway (U.S.-I) will not require any additional access
29 on their frontage. The development will take advantage of two existing access points; i.e.
30 N. End Road and Garden Cove Drive, and create an interconnect between them allowing
31 the abandonment of an existing undeveloped alley way to increase proper access traffic
32 flow outside of the Overseas Highway. Even in the comprehensive plan, single family
33 residential lot development was not properly addressed as single families and cars on a
34 corridor road do not mix. It should be noted that within the nearby vicinity of the subject
35 property, no other residential properties exist along the Overseas Highway (U.S.-I) right
36 of way other than Adam's Cut at approximately MM 103/1 04.
37
38 With the adoption of the KLLCP and the tier system, shifting in the planning
39 philosophies along the Overseas Highway (U $.-1) corridor in areas of infill and meeting
40 the "neighborhood communities" criteria including the provisions for a "walkable
41 community" reducing area trip generation, this rezoning and LUD amendment should be
42 positively accepted.
43
44 The County will require all parcels to be combined into one developable lot at the time of
45 site plan approval. This will, combined with the fact that the individual lots themselves
46 are not large enough to support any mixed development, avoid individual lot sell-off and
47 guarantee proper development as envisioned by the KLLCP. It should be noted that, not
48 only will a Florida Department of Transportation (FOOT) curb cut for additional access
Siever's Marine, Inc. M27092
ORC: October 19,2009
pc: November I 7, 2009
P. 50f17
BOCC: February] 7, 2010
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not be sought from the FDOT, the FDOT will not grant one accept under the current
single lot configuration.
Changed assumptions (e.g., regarding demographic trends)
The prescribed use of "mixed use development" per the KLLCP is an effective way of
dealing with new growth issues in this part of the Keys vs. that of the Monroe County
Comprehensive Plan designating this property as residential medium. Allowing Mixed
Use/Commercial (Me) LUn designation for this property creates a balance of
environmental concerns; needs for housing in general, and fills a void for affordable
housing. The allowance of this rezoning and LUD amendment will serve as an
enhancement to the surrounding area and the gateway to the Keys.
Data errors, including errors in mapping, vegetative types and natural features described
in Volume J of the Monroe County Year 2010 Comprehensive Plan
The IS land use designation for the subject parcels that are being proposed for rezoning to
SC and LUD amendment to MC is an obvious example of Key Largo residents' and
planning staff concerns that the KLLCP for the area recommends a mixed use that
provides workforce housing and a light commercial retail area where local residents can
feel comfortable in an aesthetically pleasing environment. The IS designation given to
the parcels was probably a part of a "package" designation requested by the developer of
Ocean Isle Estates. The nature of the designation and factors leading to the designation
are better addressed by Monroe County planning officials who have easy access to
records pertaining to the Ocean Isle development.
A portion of the Ocean Isle Estates subdivision currently includes a commercial fishing
village supported by the marina and restaurant currently owned by the Applicant. The
existing IS land use designation supports the Applicant's requested use for the subject
property. Often, when broad brush comprehensive plans are quickly established at the
beckoning of the state, pockets of unique development are often caught up by the basic
underlying land use and not the specific character of the existing development or
proximity to major thoroughfare related issues.
The KLLCP goes into great detail about the deficiencies of the existing LUD. Under the
heading of Goal I of the KLLCP, the narrative describes the tendency of the Monroe
County Comprehensive Plan to have "down-zoned" many of the properties adjacent to
Overseas Highway (U.S.-I). The narrative then goes on to state that through the changed
conditions and new information that has been brought forth since the Comprehensive
Plan's adoption in 1986, it is now the goal of the County and the Community to restore
the commercial use status along this corridor. Certainly, that is what the amendment of
the LUD to MC and rezone to SC would accomplish for the subject property.
New issues
Over time, since the Buzzard's Roost Marina and Restaurant first opened more than 30
years ago, the majority of the surrounding neighborhood has been built or has become a
"fishing village" with the marina at its core. The neighborhood is supported to some
Siever's Marine, Inc. M27092
DRC: October 19,2009
pc: November 17, 2009
p, 6 of 17
BOCC: February 17,2010
1 extent with commercial development bordering Overseas Highway (U.S.-]), commercial
2 fishing, special district, mixed use commercial and improved subdivision. Through the
3 recommendations in the KLLCP, the proposed LUO amendment to MC and rezoning to
4 SC enhances the surrounding uses, the adjacent "fishing village" and serves as a light
5 commercial/residential buffer from Overseas Highway (U.S.-]), blending into the other
6 residential uses. With the ability to develop the property as a SC development, retail in
7 support of the existing Village atmosphere could be built. The purpose of the existing IS
8 district is to protect legally vested residential development rights to owners of lots in
9 subdivisions that were established prior to the comprehensive plan. While existing plats
10 at the time of the comprehensive plan development may have justified the IS designation,
11 a closer review of the surrounding area indicates a strong correlation to the Suburban
12 Commercial (SC) districts listed as to establish or conserve areas of commercial/mixed
13 uses, and preserve these as areas representative of the character, economy and cultural
14 history of the Florida Keys. The Applicant believes his request for rezoning to SC and
15 LUO amendment to MC will hold to this test and will assist with the integration of the
16 overall local neighborhood culture.
17
18 Recognition of a need for additional detail or comprehensiveness
19
20 The proposed KLLCP to the Monroe County Comprehensive Plan establishes new
21 priorities for detailed review for comprehensiveness regarding local communities in Key
22 Largo. The consensus goals identified in the KLLCP are met by the implementation of
23 the Applicant's re-zoning and LUO amendment request as illustrated below. It is
24 specifically noted in the KLLCP, Strategy 1.3, action item 1.3.7 (b) that commercial
25 conformance status be preserved within the sections along the Overseas Highway (U.S.-
26 I) corridor. Although it is not a part of this application, it is suggested that Monroe
27 County would pursue a change of zone and LUO designation for the remaining Ocean
28 Isle lots fronting Overseas Highway (U .S.-]) to achieve a condition that is consistent with
29 the goals of the KLLCP for the remaining lots adjacent to Overseas Highway (U.S.- 1).
30 The applicant is currently making an effort to contact the adjacent owners within Ocean
31 Isle estates to gain their support in the rezoning and LUD amendment for the parcels
32 along the Overseas Highway (U.S.-]) right of way.
33
34 STAFF RESPONSE:
35
36 Staff finds the proposed land use district change, in accordance with MCC Sec. ] 02-
37 ] 58(d)(5)b, consistent with subsections 'new issues' and 'recognition of a needfor additional
38 detail or comprehensiveness'.
39
40 On June 2, 2009, the BOCC adopted an ordinance amending a FLUM change on three (3)
41 parcels (RE numbers 00538]70.000000, 00538]80.000000, and 00538]90.000000) from
42 Residential Medium (RM) to Mixed Use / Commercial (MC). The current land use
43 district designation of Improved Subdivision (IS) is currently inconsistent with the Mixed
44 Use / Commercia] (Me) FLUM designation. Upon BOCC adoption of the proposed land
45 use district amendment of Suburban Commercial (SC), the L UO will become consistent
46 with the current FLUM designation ofMC.
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Siever's Marine, Inc. M27092
DRC: October 19, 2009
PC: November 17,2009
P.7ofl7
BOCC: February 17,2010
1 The proposed LUD amendment is consistent with the provisions and intent of the Monroe
2 County Code, Section ]30-43 purpose of the Suburban Commercial (SC) district:
3
4 The purpose of the SC district is to establish areas for commercial uses designed and
5 intended primarily to serve the needs of the immediate planning area in which they are
6 located. This district should be established at locations convenient and accessible to
7 residential areas without the use of U. S. 1.
8
9 C. Goals, Strategies and Action Items from the Key Largo Livable CommuniKeys Plan that
10 directly pertain to the proposed development
11
12 APPLICANT RESPONSE:
13
14 The following is a response by the applicant on ten (I 0) out of the eleven (1 ]) goals located
15 in the Key Largo Livable CommuniKeys Plan (KLLCP), pertaining to the proposed LUD
16 amendment.
17
18 Land Use and Redevelopment
19 Consensus Goal]: Direct future growth to lands that are most suitable for development and
20 encourage preservation of environmentally sensitive lands.
21
22 The Applicant's property is in an optimal location for rezoning to SC and LUD
23 amendment to MC in that it affords upscale commercial, keeping with the fishing village
24 appearance of the Keys to create a showcase at the entrance of Key Largo. The SC zone
25 also allows a mix of residential above the commercial predominantly in support of
26 affordable housing related back to the Buzzard's Roost Marina & Restaurant staff
27 housing needs as well as housing needs in general. The proposed rezoning and LUD
28 amendment also eliminates single family housing units directly abutting a congested area
29 of the Overseas Highway as well as removing the possibility of any new access points
30 along Overseas Highway (U.S.-]). This is all accomplished without any detriment to any
31 environmentally sensitive lands, and if anything, through proper storm water treatment
32 facilities, will improve the environmental status quo over single family residential
33 construction on existing platted lots.
34
35 Community Character
36
37 Consensus Goal 2: Preserve and enhance important community qualities within the planning
38 area that deftne Key Largo's casual village style atmosphere and natural environment and
39 that enhance its status as theftrst island of the Florida Keys.
40
41 As studied previously, the Applicant believes that the rezoning to SC and LUD
42 amendment to MC will not only fit into the surrounding existing development but will
43 enhance the "village style" atmosphere as a gateway view into Key Largo. The proposed
44 development will provide an immediate visual enhancement over the existing 3 scarified
45 lots.
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Siever's Marine, Inc. M27092
ORC: October 19, 2009
pc: November 17, 2009
P.8ofl7
BOCC: February 17,2010
1 Consensus Goal 3: Protect and enhance historic, cultural and archeological resources
2 within Key Largo to maintain the integrity of the community's unique character.
3
4 While the proposed development neither enhances historic or archeological resources, it
5 does protect and enhance cultural aspects of the community while maintaining and
6 enhancing the community's unique character; village style construction, i.e. residential
7 over commercial.
8
9 Housing
10
11 Consensus Goal 4: Maintain the availability of affordable housing and workforce housing
12 for local residents while preserving the character of the community.
13
14 The client's incentive toward providing some workforce housing units in the project is
15 driven by the needs of his own staff at Buzzard's Roost Restaurant and Garden Cove
16 Marina, just blocks away from the site. The rezoning to SC and LUD amendment to MC
17 allows significantly needed workforce housing to be built.
18
19 Environmental Protection
20
21 Consensus Goal5: Preserve, manage, and restore where appropriate, the natural resources
22 within the planning area by providing open space, protecting water quality and acquiring
23 and managing environmentally sensitive lands.
24
25 Given that the lots have been in their existing scarified state for such a long time, along
26 with the required on-site storm water treatment the project will provide, the request meets
27 the environmental protection goal of the KLLCP.
28
29 Economic Development
30
31 Consensus Goal 6: Encourage redevelopment and injill development that supports and
32 enhances the tourist based economy of the planning area.
33
34 The request meets the economic development goal encouraging infill development while
35 enhancing the tourism based economy. This will be accomplished with portions of the
36 commercial business associated back to the Buzzard's Roost Restaurant and Garden
37 Cove Marina, additional island retail and a mix of workforce housing as previously
38 stated.
39
40 Consensus Goal 7: Recognize water-dependent and water-related commercial uses as an
41 important source of economic sustainability within the planning area.
42
43 As this goal recognizes the need to support water-dependent and water related
44 commercial uses, the proposed rezoning and LUD amendment will allow for the
45 development of both support services for the Buzzard's Roost Restaurant and Garden
46 Cove Marina as well as commercial development over the subject properties.
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Siever's Marine, Inc. M27092
ORC: October 19, 2009
PC: November 17,2009
P,90fl7
BOCC: February 17,2010
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Transportation
Consensus Goal 8: Provide residents and visitors of the planning area with a safe and
useable transportation system for vehicles, bicycles and pedestrians with opportunities for
transit systems where appropriate.
Workforce housing located within the subject property would enable residents the ability
to walk to work at either the nearby existing commercial/retail developments or the
proposed commercial developments that would be feasible with the change to the SC
zone and MC LUO designation. As stated by the KLLCP, developments that promote
pedestrian activity are encouraged, and it would be desirable to decrease the need for
additional trips, possibly congesting the Overseas Highway (U.S.-I). The approval of the
requested SC (designation) rezoning and LUO amendment to MC will require joining of
all 3 lots, potentially eliminating an additional access point to the Overseas Highway.
Recreation
Consensus Goal 9: Provide additional resources for enhancement of existing facilities,
expansion of active and passive land-based recreation opportunities and seek to expand
public shoreline access for water-based recreational activities for all age groups within the
community.
The proposed rezoning to SC and LUO amendment to MC will allow the development of
a portion of the project to serve as support for the Buzzard's Roost Restaurant and
Garden Cove Marina thereby enhancing areas for water based activities.
Community Facilities
Consensus GoaliO: Provide adequate public facilities to serve the existing andfuture needs
of the planning area.
Public facilities are adequate to support the rezoning to SC as well as the LUO
amendment to MC that have been requested. The Applicant has satisfied the consensus
goals identified in the KLLCP. Approval of the LUO amendment to MC and rezoning to
SC will only net a positive effect on the upper Key Largo area.
STAFF RESPONSE:
Three (3) of the ten (10) goals in the Key Largo Livable CommuniKeys Plan are consistent
with the proposed LUO amendment. They are:
Goali: Direct future growth to lands that are most suitable for development and
encourage preservation of environmentally sensitive lands;
Goal 6: Encourage redevelopment and infill development that supports and enhances
the tourist based economy of the planning area; and
Siever's Marine, Inc. M27092
DRC; October 19,2009
PC; November 17. 2009
P. ] 0 of 17
BOCC; February 17,2010
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Goal 10: Provide adequate publicfacilities to serve the existingandfuture needs of the
planning area.
The three (3) parcels are scarified and undeveloped. The land is suitable for future
development. The proposed amendment will not draw on any environmentally sensitive
lands. The proposed LUD amendment will encourage infill of the subject's parcels Tier
III land.
Monroe County's 2008 Public Facilities Capacity Assessment Report indicates there is
adequate capacity for potable water, solid waste, transportation, parks and recreation in
this area. On Cross Key (MM 106), the level of service (LOS) is rated "E." This is due to
construction on the new high-level bridge. Once the bridge construction is complete, the
LOS will most likely return to normal. All new development must comply with County,
State and Federal regulations.
Impact on Community Character:
MCC ~ 1 02-158 maintains that amendments may not permit an adverse change in
community character. The character of the immediate vicinity includes open space,
mixed use and residential. The applicant's parcels are located at MM 106 and U.S. 1
south of the U.S. 1 and U.S. 905 split on the ocean side. A convenience store is
located at the split and miscellaneous low to medium intensity retail stores are located
in the surrounding area. Single-family residences are located along North End and
Garden Cove Road. A few of the U. S. 1 parcels in this area are vacant and
overgrown. The proposed land use map (LUD) amendment does not constitute an
adverse change in community character based on the following criteria.
Local Use Compatibility
The U.S. 1 corridor is Suburban Commercial (sq.
The land use designations of parcels to the east
include Improved Subdivision (IS), Mixed Use
(MU) and Commercial Fishing (CF A) districts.
The parcels to the south have land use designations
of Suburban Residential (SR) and Native Area
(NA). The parcels to the north are owned by the
State of Florida. The parcels across U. S. 1 have
land use designations of Urban Residential Mobile
Home (URM) and Native Area (NA). The
proposed land use map (LUD) amendment is
compatible with the local use.
Siever's Marine, Inc M27092
ORC: October 19,2009
PC' November I 7, 2009
P. I] ofl7
BOCC: February 17, 2010
1 Densitv and Intensitv
2
3 Maximum Residential Densities in IS (Allocated) - Sec 130-157
4
Permitted Land Uses Allocated Density Size of Site Total Units Max Allowed
Permanent Residential I/lot 3 lots 3 o units
(market-rate)
5 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development
6 shall exceed the total density limits.
7
8 Maximum Residential Densities in IS (Maximum Net Density) - Sec 130-157
9 There is no Maximum Residential Density allowed in the IS land use district.
10
11
12 Maximum Hotel-Motel. RV & Institutional Residential Densities in IS (Allocated) - Sec 130-
13 162
14 There are no Maximum hotel-motel, recreational vehicle and institutional residential
15 densities (allocated or maximum net) allowed in the IS land use district.
16
17 Maximum nonresidential land use intensities in IS - Sec 130-164
18
Permitted Land Uses FAR Size of Site Max Allowed
Commercial Retail (Low) 0.25** 21,240 fF 5,310 ft2
Commercial Retail (Medium) 0.20** 21 ,240 ft2 4,248 ft2
Office 0.25** 21 ,240 ft2 5,310 ft2
19 * Where commercial uses are allowed as permitted uses, and no FAR is given, the maximum per lot stated the
20 land development code shall prevail.
21 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development
22 shall exceed the total density limits.
23
24 Maximum Residential Densities in SC (Allocated) - Sec 130-157
25
Permitted Land Uses Al10cated Densitv Size of Site Total Units Max Allowed
Permanent Residential 3 units/acre 0.49 acres 1.47 units I units
(market-rate commercial
aoarbnents)
26 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development
27 shall exceed the total density limits.
28
29 Maximum Residential Densities in SC (Maximwn Net Density) - Sec 130-157
30
Permitted Land Uses Max Net Density Required Open Size of Site Total Units Max
Soace Allowed
Permanent 6 units! buildable 0.20 0.49 acres (0.39 2.34 units 2 units
Residential (market- acre buildable acres)
rate commercial
aparbnents)
Permanent 18 unitslbuiJdable 0.20 0.49 acres (0.39 7.02 units 7 units
Residential acre buildable acres)
(affordable employee
housing)
Siever's Marine, Inc. M27092
DRC: October 19, 2009
pc: November 17,2009
P.120f17
BOCC: February 17,2010
1 NOTE: Net buildable area means that portion of a parcel of land that is developable and is not open space
2 required by sec. 130-157 or required minimum bufferyard under chapter 114, article V or required setbacks
3 under sec. 130-186.
4 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development
5 shall exceed the total density limits.
6 NOTE: The maximum net residential density allowed per district shall not require transferable development
7 rights (TDR) for affordable and employee housing and market rate housing developed in accordance with sec.
8 130-16 I (a)(8).
9
10 The maximum residential density for the existing Improved Subdivision (IS) land use district
11 is one (1) residential dwelling unit per lot. The proposed Suburban Commercial (SC) land
12 use district may allow one (1) allocated market-rate commercial apartment. Two (2) market-
13 rate commercial apartments or seven (7) affordable / employee housing are allowed under
14 maximum net density.
15
16 Maximum Hotel-Motel. RV & Institutional Residential Densities in SC (Allocated) - See 130-
17 162
18
Permitted Land Uses Allocated DensitY Size of Site Total Units Max Allowed
Institutional Residential 5 units/acre 0.49 acres 2.45 units 2 units
Hotel 10 units/acre 0.49 acres 4.90 units 4 units
Recreational Rental 10 spaces/acre 0.49 acres 4.90 spaces 4 spaces
19 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development
20 shall exceed the total density limits.
21
22 Maximum Hotel-Motel. RV & Institutional Residential Densities in SC (Maximum Net Density)
23 - See 130-162
24
Permitted Land Uses Max Net Density Required Open Size of Site Total Units Max
Space Allowed
Institutional 20 units/ 0.20 0.49 acres (0.39 9.8 units 10 units
Residential buildable acre buildable acres)
Hotel 15 units/ 0.20 0.49 acres (0.39 7.35 units 7 units
buildable acre buildable acres)
Recreational Rental 10 spaces! 0.20 0.49 acres (0.39 4.9 units 5 spaces
buildable acre buildable acres)
25 NOTE: Net buildable area means that portion of a parcel of land that is developable and is not open space
26 required by sec. ] 30-] 57 or required minimum bufferyard under chapter 114, article V or required setbacks
27 under sec. 130-186.
28 NOTE: The density and intensity provisions are intended to be applied cumUlatively so that no development
29 shall exceed the total density limits.
30
31 The existing IS land use district does not permit hotels, motels, recreational vehicles or
32 institutional residential units.
33
34 The SC land use district may allow 2 institutional residential allocated units, 4 allocated hotel
35 units or 3 recreational rental allocated spaces. Maximum net density allows for 10
36 institutional residential units, 7 hotel units or 5 recreational rental spaces.
37
38
39
Siever's Marine, Inc. M27092
DRC: October 19, 2009
PC: November 17, 2009
P.I3ofl7
BOCC: February 17,2010
1 Maximum nonresidential land use intensities in SC - See 130-164
2
Pennitted Land Uses FAR Size of Site Max Allowed
Commercial Retail (Low) 0.35 21,240 ftz 7,434 ftz
Commercial Retail (Medium) 0.25 21,240 ftz 5,310ftz
Commercial Retail (Hij:!;h) 0.15 21 ,240 ftz 3,186 ftz
Office 0.40 21 ,240 ftz 8,496 ftz
Commercial Recreational 0.10 21 ,240 ftz 2,124 ftz
Institutional 0.30 21 ,240 ftz 6,372 ftz
Outdoor Recreational 0.10 21,240 ftz 2,124 ftz
Public 0.30 21,240 ftz 6,372 ftz
Light Industrial 0.30 21,240 ftz 6,372 ftz
3 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no development
4 shall exceed the total density limits.
5
6 The existing Improved Subdivision (IS) land use district commercial floor area ranges
7 between 0.20 and 0.25. Commercial floor area square footage ranges from 4,248fr to
8 5,3lOfr.
9
10 The proposed Suburban Commercial (SC) land use district commercial floor area ranges
11 between 0.10 and 0040. The commercial floor area square footage ranges from 2,124fr to
12 8,496fr.
13
15
17 Local Traffic. Parking and Circulation
19
21 U. S. 1 on Cross Key (MM 106-112.5) is
23 located at the split of U. S. 1 and S.R. 905,
25 north of the three (3) parcels. This stretch of
27 road has a level of service (LOS) "E"
29 indicating that the LOS exceeded the 5% trip
31 allocation allowed. The draw bridge across the
33 Jewfish Creek was replaced with a fixed high
35 level bridge bringing the LOS rating down to
37 an "E". Once the construction is complete,
39 travel speeds and level of service for this area
41 are most likely to improve. The local
43 neighborhood roads have been well
45 maintained. The proposed LUD amendment
47 may affect local traffic and parking, but not
49 significantly.
50
51 Effects on Natural Resources
52
53 Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall
54 direct future growth to lands which are intrinsically most suitable for development
55 and shall encourage conservation and protection of environmentally sensitive lands.
56 Future development would be required to comply with all Monroe County Code,
57 State and Federal environmental regulations. Because the subject property consists of
Siever's Marine, Ine, M27092
DRC: October 19,2009
PC: November 17,2009
P 140f17
BOCC' February 17,2010
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cleared undeveloped lots, no additional clearing is anticipated. Effects on natural
resources are not anticipated.
Effects on Public Facilities
Objective 1Ol.11 of the Monroe County Year 2010 Comprehensive Plan requires the
County to direct future growth away from environmentally sensitive land and towards
established development areas served by existing public facilities. The proposed
LUD amendment will not affect Objective 101.11 and will encourage development to
remain on disturbed lands rather than encroaching on environmentally sensitive area.
Solid Waste
Monroe County has a solid waste haul out contract with Waste Management Inc.,
which authorizes the use of in-state facilities through September 20, 2016, thereby
providing the County with approximately eight (8) years of guaranteed capacity. The
proposed land use map (LUD) amendment may affect solid waste, but not
significantly.
Potable Water
The average daily water demand is expected to slightly increase to 16.28 MOD over
last year's of 16.02 MOD due to water restriction and conservation efforts. The
construction of new water supply wells and a reverse osmosis water treatment facility
provides an additional capacity of 6.0 MOD. The reverse osmosis desalination plant
provides an additional 3.0 MOD of water for additional capacity. If or when the
parcels are developed potable water levels may be affected, but not significantly.
Storm water
If or when the parcels are developed, stormwater runoff will result from this land use
map (LUD) amendment. The applicant's properties, although in Tier III, are scarified
but have not been developed. MCC Section 114-3, titled 'Surface Water
Management Criteria', establishes guidelines and criteria for the safe management
and disposal of storm water runoff from developed areas that will minimize or
eliminate any resultant adverse impacts on the surface water, groundwater, and other
natural resources of the county. Any change in the use of the property must com ply
with State and Federal regulations as well as the Monroe County Code, the Monroe
County Comprehensive Plan and the Livable CommuniKeys Plans.
Effects on Redevelopment/lnfill Potential
Currently, the Buzzard's Roost sign stands on the subject parcels. The subject's
parcels are in Tier III. Tier III is appropriate for infill development because of the
location and amount of existing development in the areas designated and the absence
of significant upland native habitat patches.
Siever's Marine, Inc. M27092
DRC: October 19,2009
PC: November 17,2009
P.15of17
BOCC: February 17,2010
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D. Consistency with the Principles for Guiding Development in the Florida Keys Area of
Critical State Concern pursuant to F.S. Chapter 380.0552(7)
For the purposes of reviewing consistency of the adopted plan or any amendments to that
plan with the principles for guiding development and any amendments to the principles, the
principles shall be construed as a whole and no specific provision shall be construed or
applied in isolation from the other provisions.
(a). To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives
without the continuation of the area of critical state concern designation.
(b). To protect shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
(c). To protect upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation (for example, hardwood hammocks and
pinelands), dune ridges and beaches, wildlife, and their habitat.
(d). To ensure the maximum well-being of the Florida Keys and its citizens
through sound economic development.
(e). To limit the adverse impacts of development on the quality of water
throughout the Florida Keys.
(t). To enhance natural scenic resources, promote the aesthetic benefits ofthe
natural environment, and ensure that development is compatible with the
unique historic character of the Florida Keys.
(g). To protect the historical heritage of the Florida Keys.
(h). To protect the value, efficiency, cost-effectiveness, and amortized life of
existing and proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection and disposal facilities;
3. Solid waste collection and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly
owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i). To limit the adverse impacts of public investments on the environmental
resources of the Florida Keys.
(j). To make available adequate affordable housing for all sectors of the
population ofthe Florida Keys.
(k). To provide adequate alternatives for the protection of public safety and
welfare in the event of a natural or manmade disaster and for a post disaster
reconstruction plan.
Siever's Marine, Inc. M27092
DRC: October 19,2009
PC: November 17,2009
P.l6of17
BOCC: February 17, 20 10
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(I). To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintain the Florida Keys as a unique Florida resource.
STAFF RESPONSE:
The subject parcels are vacant, cleared and land locked. There are no natural
resources on the three (3) parcels. The parcels are located on U. S. 1 and are adjacent
to a variety of other residential and commercial mixed uses. Staff finds the proposed
LUD amendment consistent with the Principles for Guiding Development as a whole
and not inconsistent with anyone principle.
RECOMMENDATION:
Staff recommends APPROVAL.
Siever's Marine, Inc. M27092
DRC: October 19,2009
PC: November 17, 2009
P.17of17
BOCC: February 17, 2010
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ORDINANCE NO. -2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING THE LAND USE
DISTRICT DESIGNA nON FROM IMPROVED SUBDIVISION (IS) TO
SUBURBAN COMMERICAL (SC) REQUESTED BY SIEVER'S
MARINE INC FOR PROPERTIES LEGALLY DESCRIBED AS BLOCK 1,
LOTS 11, 12 AND 13, OCEAN ISLE ESTATES, MONROE COUNTY,
FLORIDA AND HAVING REAL ESTATE NUMBERS 00538170.000000,
00538180.000000 AND 00538190.000000 LOCATED AT MILE MARKER
106, KEY LARGO, FLORIDA
WHEREAS, the subject property is located at Mile Marker 106, Key Largo, Florida and is
legally described as Block 1, Lots 11, 12 and 13, Ocean Isle Estates, Monroe County, Florida having
real estate numbers 00538170.000000, 00538180.000000 and 00538190.000000; and
WHEREAS, during a regularly scheduled public meeting concerning the subject property
held on November 18, 2008, the Planning Commission conducted a public hearing and approved
Resolution P43-08 recommending approval to the BOCC to amend the Future Land Use Map from
Residential Medium (RM) to Mixed Use / Commercial (MC) in accordance with Policy 10104.5 of
the Monroe County Year 2010 Comprehensive Plan and ~102-158 of the Monroe County Code; and
WHEREAS, during a special public meeting held on January 26,2009, the BOCC approved
Resolution 001-2009 transmitting an ordinance for adoption to the DCA changing the FLUM for the
subject property from Residential Medium (RM) to Mixed Use/Commercial (MC); there were no
objections, recommendations or comments from the DCA on the proposed FLUM amendment; and
WHEREAS, during a regularly scheduled public meeting held on June 2, 2009, the BOCC
adopted Ordinance 2009-17a amending the Future Land Use District Map from Residential Medium
(RM) to Mixed Use/Commercial (MC) in accordance with Policy 101.4.5 of the Monroe County
Year 2010 Comprehensive Plan and Sec. 102-158 of the Monroe County Code; and
WHEREAS, in the map amendment application to the Planning & Environmental Resources
Department, received November 19, 2007, the Applicant requested that the current land use map
designation of three (3) parcels identified as Real Estate Numbers 00538170.000000,
Siever's Marine, Inc. M27092
DRC: October 19, 2009 ORC 9-09
PC: November 17. 2009 P38-09
P. 1 of 4
BOCC: FebfUlll)' 17,2010
00538180.000000 and 00538190.000000 be amended from Improved Subdivision (IS) to Suburban
Commercial (SC); and
WHEREAS, at its November 17, 2009 meeting in Marathon, the Monroe County Planning
Commission reviewed the application and recommended approval to the Board of County
Commissioners of a request filed by Siever's Marine, Inc., to amend the subject properties' current
land use designation from Improved Subdivision (IS) to Suburban Commercial (SC) as indicated in
Resolution 38-09; and
WHEREAS, during a regularly scheduled public meeting held on February 17, 2010, the
Monroe County Board of County Commissioners conducted a public hearing to consider a request
by Siever's Marine, Inc., to amend the subject properties' current land use designation from
Improved Subdivision (IS) to Suburban Commercial (SC); and
WHEREAS, based upon the information and documentation submitted, the Board of County
Commissioners makes the following Findings of Fact and Conclusions of Law:
1. The proposed land use district amendment is consistent with the provisions and intent
Monroe County Comprehensive Plan Goals, Policies and Objectives, particularly Goals
101 and 105 and Objectives 101.4 and 105.1.
2. The proposed land use district amendment is consistent with the provisions and intent of
Chapter 102 of the Monroe County Code, Land Development Regulations particularly
subsections 'new issues' and 'recognition of a need for additional detail or
comprehensiveness.
3. The proposed land use district amendment is consistent with three (3) of the ten (10)
goals in the Key Largo Livable CommuniKeys Plan, particularly with Goals 1, 6 and 10.
4. The proposed land use district amendment is found to be consistent with the Principles
for Guiding Development in the Florida Keys Area of Critical State Concern pursuant to
F.S. Chapter 380.0552(7).
5. The proposed land use district (LUD) amendment from Improved Subdivision (IS) to
Suburban Commercial (SC) does not constitute an adverse change in community
character.
6. The proposed land use district (LUD) amendment is compatible with the local use.
7. Effects on natural resources are not anticipated.
8. The proposed land use district (LUD) amendment will not affect Objective 101.11 and
will encourage development to remain on disturbed lands rather than encroaching on
environmentally sensitive area.
Siever's Marine, Inc. M27092
DRC: October 19,2009 DRC 9-09
PC: November 17, 2009 P38..09
P.2of4
BOCC: February 17,2010
9. The proposed land use district (LUD) amendment may affect solid waste, but not
significantly.
10. If or when the parcels are developed, potable water levels may be affected, but not
significantly.
11. If or when the parcels are developed, stormwater runoff will result from this land use map
(LUD) amendment but will be regulated through the Monroe County Growth
Management Division.
12. Tier III properties are appropriate for infill development because of the location and
amount of existing development in the areas designated and the absence of significant
upland native habitat patches.
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Siever's Marine, Ine, M27092
DRe: October 19,2009 DRC 9-09
The Board specifically adopts the Findings of Fact and Conclusions of Law
stated above.
The subject properties located at Block I, Lots 11, 12 and 13, Ocean Isle
Estates, Monroe County, Florida Real Estate Numbers 00538170.000000,
00538180.0000000 and 00538190.0000000, which are currently designated
Improved Subdivision (IS) shall be designated Suburban Commercial (SC) as
shown on the attached maps, which are hereby incorporated by reference and
attached as Exhibits 1 and 2.
The current Land Use District Map of the Monroe County Year 2010
Comprehensive Plan shall be amended as described in Section 2 above.
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.
All ordinances or parts of ordinance in conflict with this ordinance are herby
repealed to the extent of said conflict.
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 approving
the ordinance.
PC: November 17,2009 P3S-09
P.3 of 4
BOCC: February 17,2010
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17th day of February A.D., 2010.
Mayor Sylvia J. Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor Sylvia 1. Murphy
ATTEST:
DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Siever's Marine, Inc. M27092
DRC; October 19,2009 DRC 9-09
PC; November 17,2009 P38-09
P.4of4
BOCC: February 17,2010
I Exhibit 1 to Ordinance# -2010 I
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The Monroe County Existing land Use Map is amended
as indicated above.
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Proposal: Existing land Use change for RE 0538170-000000,00538180-000000 "-
and 00538190-000000 from Improved Subdivision (IS) A.
to Suburban Commerical (SC)
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