HomeMy WebLinkAboutB. Public Hearings
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
0<01
l)J/~
Meeting Date: February 22.2010
Division:
Growth Management Division
Bulk Item: Yes
No~
Department: Planning & Environmental Resources Dept.
Staff Contact PersonIPhone #: Christine Hurlev. AICP
Growth Management Director. (305) 289-2500
AGENDA ITEM WORDING:
A public hearing to ~nsider a resolution transmitting to the Florida Department of Community Affairs, an
ordinance of the Board of County Comnussioners amending the future land use map designation on 127 county-
owned vacant parcels throughout Monroe County from various future land use map designations to
Conservation (C) as required by Florida Communities Trust (FCT) under Section IV (2) of a grant agreement
between Monroecounty and FCT dated May 3, 1994.
ITEM BACJKGROUND:
During a regularly scheduled public meeting concerning the subject properties held on November 4, 2009, the
Planning Commission conducted a public hearing and approved Resolution 36~09 recommending approval to
the Board of County COmmissioners to amend the Future Land Use Map from various future land use map
designations to Conservation (C).
The 127 parcels were purchased utilizing funding from the Florida Communities Trust (FCT). They are located
throughout the Keys and are currently used as conservation lands. The properties purchased under this grant
are intended for conservation or resource-based recreation pU1pOses only. In accordance with Section IV (2) of
the grant agreement, Monroe County must amend the future land use map (FLUM) to reflect this pwpose. Of
the 156 properties retained by Monroe County, twenty-nine (29) parcels already have the correct FLUM as
required by the grant agreement. The remaining 127 properties need FLUM changes. All properties are in a
Tier I designation. All of the properties are proposed to be amended to a Conservation (C) FLUM designation.
No change in llse is proposed.
PREVIOUS IlELEV ANT BOCC ACTION:
In 1994, Monroe County received a 3.5 million dollar grant from the Florida COmmunities Trust (Fer) to
purchase environmentally sensitive lands (considered Tier I lands today). The grant agreement was
unanimously approved by the Monroe County Board of County COmmissioners at their May 3, 1994 meeting.
CONTRACVAGREEMENTCBANGES: N~
STAFF RECOnrfMENDATION: Approval
TOTAL COST:._ INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUl~TY:
SOURCE OF FUNDS:
REVENUE PRO'DUCING:
Yes_ No_ AMOUNTPERMONTH_ Year
APPROVED BY:
County Atty L OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included ~
Not Required_
DISPOSITION:
BOCC Transmittal Packet
127 Monroe County Owned Parcels
AGENDA ITEM #
B. :L
February 22t 2010
Page 1 of9
Future Land Use Map Amendments
BOCC TRANSMITTAL RESOLUTION
BOCC Transmittal Packet
127 Monroe County Owned Parcels
February 22, 20] 0
Page 2 of9
Future land Use Map Amendments
RESOLUTION _-2010
A RESOLUTION TRANSMITTING TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION ON COUNTY-OWNED LANDS FROM
MIXED USE I COMMERCIAL (Mq TO CONSERVATION (C) FOR PARCELS
HAVING REAL ESTATE NUMBERS 00111260-000000, 00111270-000000,
00111880-000030 (PART), 00111880-000300 (PART), 00111890-000000 (PART),
00111940-000000 (PART), 00177000-000000; FROM RESIDENTIAL
CONSERV A TION (RC) TO CONSERVATION (C) FOR PARCELS HA VlNG
REAL ESTATE NUMBERS 00115510-000600, 00115520-002300 (PART), 00117530-
000000 (PART), 00117560-000000 (pART), 00516800-000000 (PART), FROM
RESIDENTIAL HIGH (RH) TO CONSERVATION (q FOR PARCELS HA VING
REAL ESTATE NUMBERS 00111880-000030 (PART), 00111890-000000 (PART),
00111940-000000 (PART), 00481320-000000 (PART), 00481340-000000 (PART);
FROM RESIDENTIAL LOW (RL) TO CONSERVATION (q FOR PARCELS
HAVING REAL ESTATE NUMBERS 00111880-000300 (PART), 00115520-002300
(PART), 00118110-000200, 00177340-000000, 00177350-000000 (PART), 00200680-
000500, 00200680-000800, 00200680-000900, 00200680-001000, 00481320-000000
(PART), 00481340-000000 (PART), 00516800-000000 (PART), 00516830-000000,
00517080-000000,00519320-000000; AND FROM RESIDENTIAL MEDIUM (RM)
TO CONSERVATION (C) FOR PARCELS HAVING REAL ESTATE NUMBERS
00117530-000000 (PART), 00117560-000000 (PART), 00169770-000000, 00169840-
000000, 00169850-000000, 00170270-000000 TO 00170350-000000, 00170670-
000000 TO 00170780-000000, 00170910-000000 TO 00170960-000000, 00171160-
000000 TO 00171220-000000, 00171240-000000 TO 00171270-000000, 00177350-
000000 (PART), 00177400-000000, 00177610-000000, 00177620-000000, 00177960-
000000, 00316370-000000, 00316380-000000, 00442620-000000 TO 00442730-
000000, 00551580-000000 TO 00552010-000000 LOCATED THROUGHOUT
MONROE COUNTY, FLORIDA.
WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing
for the purpose of considering 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 Monroe County Planning Commission and the Monroe County Board of
County Commissioners support the requested future land use map designation change; and
Doce Transmittal Packet
127 Monroe County Owned Parcels
Febrwuy 22,2010
Page 3 of9
Future Land Use Map Amendments
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1:
The Board of COlUlty Commissioners does hereby adopt the recommendation of the
Planning Commission to transmit the draft ordinance 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 (Ist) set of comprehensive plan amendments for 2010 to the Florida
Department of Community Affairs for review and comment in accordance with the
provisions of Chapter 163.3184, Florida Statutes.
Section 3.
The Monroe County staff is given authority to prepare and submit the required
transmitta1letter and supporting documents for the proposed amendment in accordance
with the requirements of9J-ll.006 of the Florida Administrative Code.
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 special meeting held on the 22nd day of February A.D., 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY
Mayor Sylvia Murphy
(SEAL)
ATTEST: Dj\NNY L. KOLHAGE, CLERK
DEPUTY CLI~RK
BOCC Transmittal P8~kct
127 Monroe County Owned Parcels
February 22, 2010
Page 4 of9
Future Land Use Map Amendments
BOCC ORDINANCE
Doce Transmittal P2lCkct
127 Monroe County Owned Parcels
Febnwy 22, 2010
Page 5 of9
Future Land Use Map Amendments
ORDINANCE NO. - 2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING TIlE FUTURE LAND USE MAP
DESIGNATION FROM MIXED USE I COMMERCIAL (MC) TO
CONSERVATION (C) FOR PARCELS HAVING REAL ESTATE NUMBERS
00111260-000000, 00111270-000000, 00111880-000030 (P ARn, 00 111880-000300
(pARn, 00111890-000000 (pARn, 00111940-000000 (pAR'!), 00177000-000000;
FROM RESIDENTIAL CONSERVATION (RC) TO CONSERVATION (C) FOR
PARCELS HAVING REAL ESTATE NUMBERS 00115510-000600, 00115520-
002300 (pAR'!), 00117530-000000 (PAR'!), 00117560-000000 (PART), 00516800-
000000 (pARn, FROM RESIDENTIAL IDGH (RH) TO CONSERVATION (C)
FOR PARCELS HAVING REAL ESTATE NUMBERS 00111880-000030 (PART),
00111890-000000 (pAR'!), 00111940-000000 (pAR'!), 00481320-000000 (pART),
00481340-000000 (pART); FROM RESIDENTIAL LOW (RL) TO
CONSERVATION (C) FOR PARCELS HAVING REAL ESTATE NUMBERS
00111880-000300 (pART), 00115520-002300 (PART), 00118110-000200, 00177340-
000000, 00 177350-000000 (pAR'!), 00200680-000500, 00200680-000800, 00200680-
000900, 00200680-001000, 00481320-000000 (pAR'!), 00481340-000000 (pART),
00516800-000000 (pART), 00516830-000000, 00517080-000000, 00519320-000000;
AND FROM RESIDENTIAL MEDIUM (RM) TO CONSERVATION (C) FOR
PARCELS HAVING REAL ESTATE NUMBERS 00117530-000000 (pAR'!),
00117560-000000 (pAR'!), 00169770-000000, 00169840-000000, 00169850-000000,
00170270-000000 TO 00170350-000000, 00170670-000000 TO 00170780-000000,
00170910-000000 TO 00170960-000000,00171160-000000 TO 00171220-000000,
00171240-000000 TO 00171270-000000, 00177350-000000 (pART), 00177400-
000000, 00177610-000000, 00177620-??oo00, 00 177960-000000, 00316370-000000,
00316380-000000, 00442620-000000 TO 00442730-00??oo, 00551580-000000 TO
00552010-000000 LOCATED THROUGHOUT MONROE COUNTY, FLORIDA.
WHEREAS, there are 127 county-owned vacant parcels located throughout Momoe County;
a list of legal descriptions with real estate numbers are attached as Exhibit 1 to the ordinance and
associated maps are attached Exhibit 2 to the ordinance; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the Development
Review Committee of Momoe County conducted a review and consideration of a request by the
Momoe County Land Steward Office for a future land use map amendment in accordance with the
provisions and intent ofMomoe County Comprehensive Plan Policy 101.4.15; and
WHEREAS, during a regularly scheduled public meeting concerning the subject properties
held on November 4, 2009, the Planning Commission conducted a public hearing and approved
Resolution 36-09 recommending approval to the Board of County Commissioners to amend the Future
BOCC Transmittal P&l~ket
127 Monroe County Owned Parcels
February 22, 2010
Page 6of9
Future Land Use Map Amendments
Land Use Map from various FLUM designations to Conservation (C) in accordance with the provisions
and intent of Monroe County Comprehensive Plan Policy 101.4.15; and
WHEREAS, during a special public meeting held on February 22, 2010, the Momoe County
Board of County Commissioners conducted a public hearing to consider transmittal of an ordiance to
the Department of Community Affairs approving a request by the Momoe County Land Steward,
amending the future land use designation from various FLUM designations to Conservation (C) for
Monroe COllllty properties; 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 127 parcels are contained within ten (10) FLUM categories.
2. All county-owned vacant parcels are located in Tier I and total 28.87 acres in size.
3. The proposed FLUM amendments are consistent with the provisions and intent of the
Momoe County Comprehensive Plan, Particularly Policies 101.4.15 and 101.4.21.
4. The proposed FLUM amendments are consistent with Sec. 102-158(d){5)b.6. of the
Momoe Comty Land Development Regulations, particularly subsection 'recognition of
a need for additional detail or comprehensiveness'.
5. The proposed FLUM amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern pursuant to F.S.
Chapter 380.0552(7).
6. The proposed FLUM amendments are consistent with the Livable CommuniKeys Plans
(LCP) goals of Big Pine INo Name Key, Tavernier, and Key Largo.
7. In 1994 Momoe County received a 3.5 million dollar grant from the Florida
Communities Trust (FCT) to purchase environmentally sensitive lands (considered Tier
I lands today).
8. On May 3, 1994, the Momoe County Board of Comty Commissioners unanimOUSly
approved the "Rate of Growth Control Land Acquisition Program to Implement the
Monroe Comty Year 2010 Comprehensive Plan"; Florida Communities Trust Project
l'~o. 93-001-CSl.
9. The Comty purchased a total of 596 parcels throughout the Keys utilizing grant
funding. In 2001, the Comty transferred title to 419 of the 596 parcels to the Board of
Trustees of the State of Florida for land management purposes.
10. A total of 156 properties are still owned and managed by the Comty.
11. Twenty-nine (29) parcels already have the correct FLUM designations as required by the
grant agreement. The remaining 127 prOperties need FLUM changes.
BOCC Transmittal Packet'
127 Monroe County Ownc=d Parcels
February 22,2010
Page 7 of9
Future Land Use Map Amendments
12. The grant agreement requires that the County amend the FLUM designations of any
properties purchased using this grant to a Conservation (C) designation.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Seetion 1. The Board specifically adopts the findings of fact and conclusions of law stated above.
Seetion 2. The subject properties located throughout Monroe County, Florida with real estate
numbers 00442620-000000, 00442630-000000, 00442640-000000. 00177000-000000,
00316380-000000, 00177400-000000, 00177610-000000, 00177620-000000, 00177960-
000000. 00551580~000, 00551670-000000, 0055168~0000, oo55169~0000,
00551700-000000. 00551710-000000, 00551720-000000, 00551730-000000, 00551740-
000000, 00551750-000000, 00551760-000000, 00551590-000000, 00551770-000000,
00551780-000000, 00551790-000000, 00551600-000000, 00551610-000000, 00551620-
000000, 00551630-000000, 00551640-000000, 00551650-000000, 00551660-000000,
00551800-000000, 00551890-000000, 00551900-000000, 00551910-000000, 00551920-
000000, 00551930-000000. 00551940-000000, 0055195~0000, 00551960-000000,
00551970-000000, 00551980-000000, 00551810-000000. 00551990-000000, 00552000-
000000, 00552010-000000, 00551820-000000, 00551830-000000, 00551840-000000,
00551850-000000, 00551860-000000, 00551870-000000, 00551880-000000. 00442660-
000000, 00442670-000000. 00442680-000000. 00442690-000000, 00442700-000000,
00442710-000000, 00442720-000000, 00442650-000000, 00169770-000000, 00169840-
000000, 00169850-000000, 00170270H300000, 00170290-000000, 00170300-000000,
00170320-000000, 00170280-000000, 00170670-000000, 00170680-000000, 00170690-
000000. 00170700-000000, 00170710-000000, 00170720-000000, 00170730-000000,
00170740-000000, 00170750-000000, 00170310-000000, 00170760-000000, 00170330-
000000, 00170340-000000, 00170350-000000, 00170770-000000. 00170780-000000,
00170960-000000, 00171160-000000, 00171170-000000, 00171180-000000. 00171190-
000000. 00171200-000000, 00171210-000000, 00171220-000000, 0017124~0000,
00171250-000000, 00171260-000000, 00171270-000000, 00442730-000000, 00316370-
000000, 00117530-000000, 00117560-000000, 00481320-000000, 00481340-000000,
00170910-000000, 00170920-000000, oo17093~0000, 00170940-000000, 00170950-
000000, 00111260-000000, 00111270-000000, 00111880-000000, 00111890-000000,
00111940-000000, 00111880-000300. 00115510-000600, 00115520-002300, 00516800-
000000, 00177340-000000. 00516830H300oo0, 00519320-000000, 00517080-000000,
00200680-000500, 00200680-000800, 00200680-000900. 00200680H301000, 00177350-
000000, 00118110-000200 which are currently designated with various future land use
map designations shall be designated as Conservation (C) as shown on the attached
maps, which are hereby incorporated by reference and attached as Exhibit 2.
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 ordinance in conflict with this ordinance are hereby repealed
to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed
thereby.
Doce Transmittal Packet
127 Monroe County Owned Parcels
February 22,2010
Page 8 of9
Future Land Use Map Amendments
Section 6.
This ordinance does not affect prosecutions for ordinance violations committed prior to
the effective date of this ordinance; does not waive any fee or penalty due or unpaid on
the effective date of this ordinance; and does not waive any fee or penalty due or unpaid
on the effective date of this ordinance; and does not affect the validity of any bond or
cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance.
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 approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a public hearing at a _ meeting on the _ day of , 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 J. Murphy
A TIEST:
DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
BOCC Transmittal Packet
127 Monroe County Owned Parcels
February 22, 2010
Page 9 of9
Future Land Use Map Amendments
P. 1 of 3
FLORIDA COMMUNITIES TRUST
REAL ESTATE NUMBERS AND LEGAL DESCRIPTIONS
EXHIBIT 1
F Al I:. t .. II: NO. . .... Aln~K,LOT leu A..n
.-- -.-
)1 ) 1.~1 acrea e "lA I I Pine
Il )t rl _ acrea e ~IJ' E I J Pine
)t acrea e ~A I Pine
tl - acrea e ~A I Pine
tl .-- u ~l - acres e NA I Pine
II t. ,. ~ll- acrea e NA I Pine
tp' I ~ !Cu-djoe Acres ~arce rill ,U ioe
II U rcudjoe Acres Parce \V -( U Joe
. acreal ~e !"Il f1 , '~~ [) Ul ar oa~
Il I' - acrea~ ~e ~ F1 1 ':l J U ar os
II 'I it - IN Su~ arloa~cre5 I, ot 5f .u ar oa
Ii! - lint Ilan Mnc E5 oc 7, ..ot 3 Il.U ar oa
U I !u: ~+I - In~ Ian r\1I nc ~5 oc , ~ot 10 " u ar os
, Inl Ian nc 5 oc , ~ot 1-1 'j u ar 08
u ' , - In Ian n .s oc ~, ..at 1 .u ar oa
- nl Ian n :s oc , of2 ..~ u ar 08
- n Ian n s oc , o ~ :)u ar oa
- nl Ian n 5 oc I , .01 4 ~u ar oa
I. - nl Ian n s oc , ..a 5 u ar oa
t' n Ian n s oc , .0 6 u ar oa
11 {I ,. ~, - n Ian n st 30c 1\0 j , o 7 ~U ar oa
IIII In Ian n 51 ~oc '\ I , o l~ I~ u ar oa
:U~ ' I t. ,- 'n Ian n _st oc ( , .0 ~ :u ar oa
iUI 'I J- nl Ian nl :51 oc (i I ot .r1 r~ Ul ar oa
Iltl ,-- 71 U t- n~ Ian nl -s oc t o ~ ~2 l~ Ul ar oa
II I II - nl Ian n s oc , ~o 4~ Ul ar 08
J' " - nl Ian n s oc , ~o ~~ Ul ar 08
r - n Isn n s oc . ...0 ~~~ u ar oa
II ' I ~ '11- nl Ian n s oc , at ~ ~h UI ar 08
" ~"'- n~ Ian n s oc , o~ u ar oa
II nl Ian 1\ n Est oc I, o J" ~n 'U ar os
II 'l tl - n~ Isn , nl cst oc t 1..0 ~~! u ar 08
1 "il - nl Ian n Esl oc K . , ...0 51 u ar os
I rl )_ nl Ian n~ Est oc K I, ~ot -, u ar os
.1 I' i)1 J- Ilnl Ian nl st oc Itt ~O 4' I. U ar oa
, I' I' J- nl Ian Vn st oc 1 r, ..at 5 u ar os
II nl Isn Vnl _st oc 1 ~, at 16 I: U ar oa
II nl Ian M nl _5 fOC 1 Jt ,-01 7 .u a os
~I n Ian I'J nl ::5 roc r, ,-ot d .U ar oar
n Ian nt ~s ac t I..ot II .UI al os
1-1 In Ian nl s oc t ...01 4 ~~ >>U al oa
I' L.I Ilnl Isn nl s oc , ~ot ~~l >>U ar os
I' nl Ian nl s oc 1 ~ot~ )u ar oa
,
I n Ian n _s oc I ...ot ~~. u ar 08
II - nl Ian nl -51 oc Lot ~h; ~: u ar oa
I~ 'I I- n Ian nl 51 oc t o ~~ ': .u ar oa
I ~ 1- nl Ian nl 5t oc , o Jot; .u ar 08
J 1.4 - nj Ian nl s oc I ,-0 ~~ 1 U ar oa
t
, ~ - n Ian n 5 oc t, ...0 ~H U ar oa
,. il - n Ian n s )oc I .0 ~ ,~ 1 ~ u~ sr oa
t
I' ~ ~I - n Ian n st oel , _0 tiO I: Uj ar oa
.. - n Ian Mn 51 eel t ~O f 1-: Ul ar oa
,
)' 'UI - Cutt roa st ~ 4, Loi 4 II,u oe
I ... JI - I~CU' roa st ock 4, Lot 38 l ,u oe
II 'l . ,. )l - ;u roa st oCK4. lot 39 I ,u oe
~tJl '. .. J' - lieu roa _st J. , I 1..0 ~~ II U oe
lit 't 1 - Cu roa _st fJ, I 1..0 II U oe
IUI j rtl4 ~, - ;Cu roa _st ), I 0 14 il U oe
BOCC TRANSMITTAL HEARING: FEBRUARY 22, 2010
P. 2 of 3
FLORIDA COMMUNITIES TRUST
REAL ESTATE NUMBERS AND LEGAL DESCRIPTIONS
EXHIBIT 1
R...'.I t:~. ~ I t NO.
il 10 II 1-
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l t 1-1
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.:
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II J _~-
Jl J U-
1-
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tl -
'1 -
U .. :=
.... IN. ..
1-
I~~utthroa -R st
. ummer an st
: ummer ani s
ummer an s
ummer ani s
II~ Pine Shores
I~ Pine Shores
om sons
om -sons
om sons
om sons
om sons
l om sons
l~ horn sons
horn )sons
nom sons
'10 m sons
om .sons
om .sons
IAl olte Casa Ct
IAI 01 e -Casa -Ct
~a' aven
II ~a' aven
IS aven
)a aven
j nl ers ParK
, n ers Par
~n ers Par
IAn ers Par
~n ers P-ar
A.n ers Par
IAn ers :Jar
IAn ers Par~
I j~n ers ::rar ~
AJl ers car ~
IAn ers Par
IAn ers Dar~
,An ers P-aB
iAn ers Par~
IAnl ers Par
~nl ers Psr
IAn ers o-ar
,An ers Par
An ers ;Jar
/J n ers ;:Jar
An ers Par
fj, n ers Par
IA n ers Par
Ani ers Par
1M ers ::rar
IAn ers ;Jar
IAn ers ;Jar~
tAn ers ParI<
IAn ers Par
.e,n ers Par
IAn ers Par
IAn ers Par
Ani ers Par
-al-n~KJ LOT
IBk 5. Lot413
n ot5
rac ~
rac l,
rae I
1 noe f I 1.0 6
lloe ,L 0 7
II r. 0 1
4), 0
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" 0 ,ll
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....0 6
',4 . ..0 11
J oe ., l.ot 2
ocl ~. 1 0 3.112 4
oel I, l04
oel 6, Lot 7
oell , Lol~
oel 17, Lot 9
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ICudjoe
)ummer an~
.ummer an~
.ummer an~
ummer anI
'ig Pine
Ig Pine
e I sr 0
e ar 0
e I ar 0
t< e ar 0
~ e ...81'i 0
~ e ' .ar 0
~ e I ~al'i 0
~ e I .ar 0
~ e' ar 0
~ e' af1 0
~ e' .ar 0
~ e ...ar 10
~ e ~arl 0
~ e ...srl 0
~ e I ...a rl 0
~ e ' ...an 0
~ e ...sr 0
~ e ...a r 0
~ e L..al'i 0
~e ar 0
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BOCC TRANSMITTAL HEARING: FEBRUARY 22, 2010
P. 3 of 3
FLORIDA COMMUNITIES TRUST
REAL ESTATE NUMBERS AND LEGAL DESCRIPTIONS
EXHIBIT 1
I~ _" L I:.. ~I t: NO. I" ~I nr ~IC I LOT IJlI ANn
"l ,~ I , 1-1 II rAni ers Pa~ K: , ...01 I~ Ke , .sr 0
1.,1 Ii IAn ers :;)ar~ , ..0 13 Ke , _81'i 0
1-1 An ers Park . , _0 --;j~ {e ' .ar 0
, - An ers ;::Ja r ~ l, 0 ~ <e ' ..al'i 0
, . " - An ers Par~ , 0 h <e ..ar 0
11 . An Ters Par 1 0 (e ..ali 0
.
. An lers :Jar . , _0 <e _sr 0
, I: IAn lers :lar J _ot f(e ' _ar 0
,
I " ill'l - IAn Ters :rar , 1.01 .c'l i<e ' sr 0
- lAne ters :Jar , Lot.c I\e , ar 0
- IAn<< Jers Park >>, uLot. ~~.. I{e arlo
BOCC TRANSMITTAL HEARING: FEBRUARY 22. 2010
EXHIBIT 2
EXHIBIT 2
EXIlIBIT 2
EXHIBIT Z
KJJl1.B.1.r 1.
EXHIBIT Z
EXHIBIT 2
EXHIBIT 2
ElBIBI'l 2
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MEMORANDUM
l"ONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To:
Through.:
From:
Monroe County Board of County Commissioners
Christine Hurley, A1CP, Growth Managf~ent Division
Kathy Grasser, Comprehensive Planner *' ~
February 4, 2009 \ )
A request by the Monroe County Land Steward office to amend the Future
Land Use District Map (FLUM) on 127 county-owned vacant parcels
throughout Monroe County from various FLUM designations to Conservation
(C).
Date:
Subject:
BOCC 1\,feeting: February 22, 2010
I REQIUEST
An a]pplication was made by Beth Bergh, Monroe County Land Steward to amend the Future
Land Use District Map (FLUM) on 127 county-owned vacant parcels throughout Monroe
COUIlty from various FLUM designations to Conservation (C). The parcels are owned by
Monroe County and were purchased with funding from the Florida Communities
Trust. There are one hundred twenty-seven (127) parcels scattered throughout the
Florilda Keys. A list of legal descriptions with real estate numbers are attached as
Exhibit 1 to the ordinance. The associated maps are attached Exhibit 2 to the
ordillance. Currently, the 127 parcels are contained within ten (10) FLUM categories,
sho\\'11 below.
#of
Existio2 FLUM Desiaoations Parcels
MIXED USE / COMMERCIAL 3
MIXED USE / COMMERCIAL / RESIDENTIAL LOW 3
MIXED USE / COMMERCIAL / RESIDENTIAL HIGH 1
RESIDENTIAL CONSERVATION 1
RESIDENTIAL CONSERVATION / RESIDENTIAL LOW 2
RESIDENTIAL HIGH 2
RESIDENTIAL LOW 9
RESIDENTIAL HIGH / RESIDENTIAL LOW 1
RESIDENTIAL MEDIUM 103
RESIDENTIAL MEDIUM / RESIDENTIAL CONSERVATION 2
TOTAL 127
127 FCT FLUM
DRe: October 6, 2009 DRC7-09PC: November 4, 2009 PC36..09
M29080 Page 1 of 7
BOCC: Transmittal February 22, 2010
1
2
3 II PR04CESS
4
5 Amendments may be proposed by the Board of County Commissioners (BOCC), the
6 Planning Commission, the Director of Planning, or the owner or other person having a
7 contractual interest in property to be affected by a proposed amendment. The Director of
8 Planning shall review and process map amendment applications as they are received and pass
9 them on to the Development Review Committee and the Planning Commission for
10 reconunendation and final action by the BOCC.
11
12 The Planning Commission shall hold at least one public hearing on a proposed FLUM
13 amendment. The Planning Commission shall review the application, the reports and
14 reconunendations of the Department of Planning & Environmental Resources and the
15 Development Review Committee, and the testimony given at the public hearing, and shall
16 submit its recommendations and findings to the BOCC.
17
18 The lBOCC shall hold at least one public hearing on a proposed FLUM amendment. The
19 BOCC shall consider the report and recommendation of staff and the Planning Commission
20 and the testimony given at the public hearings and may either deny the FLUM application or
21 adopt a resolution transmitting the proposed FLUM amendment to the Florida Department of
22 Community Affairs. Ordinances are then reviewed by the Florida Department of Community
23 Affairs and returned to the County with objections, recommendations and comments to be
24 considered prior to adoption of the ordinance. Subsequently, within sixty (60) days an
25 adoption hearing is held by the BOCC.
26
27 REL~EV ANT PRIOR COUNTY ACTIONS
28
29 In 1994 Monroe County received a 3.5 million dollar grant from the Florida Communities
30 Trust (FCT) to purchase environmentally sensitive lands (considered Tier I lands today). The
31 grant agreement was unanimously approved by the Monroe County Board of County
32 Commissioners at its May 3, 1994 meeting. Utilizing the grant funding, the County
33 purc]lased a total of 596 parcels throughout the Keys. In 2001, the County transferred title to
34 419 of the 596 parcels to the Board of Trustees of the State of Florida for land management
35 purposes. Additional properties were transferred to local municipalities when they
36 incorporated. A total of 156 properties are still owned and managed by the County.
37
38 III BA(~KGROUND INFORMATION
39
40 All :properties proposed under this amendment are owned by Monroe County and were
41 purc:hased with funding from a Florida Communities Trust grant. The properties purchased
42 unde:r this grant are intended for conservation or resource-based recreation purposes only. In
43 accordance with Section IV (2) of the grant agreement, Monroe County must amend the
44 future land use map (FLUM) to reflect this purpose. Of the 156 properties retained by
45 Monroe County, twenty-nine (29) parcels already have the correct FLUM as required by the
127 FCT ~FLUM
ORe: October 6, 2009 DRC7-09PC: November 4, 2009 PC36-09
M29080 Page 2 of7
BOCC: Transmittal February 22,2010
1 grant agreement. The remaining 127 properties need FLUM changes. All properties are in a
2 Tier I designation. All of the properties are proposed to be amended to a Conservation (C)
3 FLUl\,f designation.
4
5 Total Area Proposed to be Amended:
6
7 28.87 acres
8
9 Tier
10
11 Tier 1.
12
13 Existin2 Use
14
15 Vacallt
16
17 Com~munitv Character
18
19 The community character of the immediate vicinity of each of the 127 parcels range from
20 vacarlt lands to lands that contain mixed use / commercial uses.
21
22 IV REVIEW OF APPLICATION
23 Consistency of the proposed amendment with the provisions and intent afthe Monroe County
24 Com17rehensive Plan:
25
26 The primary purpose of the proposed Conservation (C) FLUM category is to
27 preserve natural and historic resources and provide passive recreational uses.
28 Once the FLUM is adopted, 28.87 acres of Tier I land will remain vacant in
29 pe~emi~.
30
31 1. Policy 101.4.15: the principal purpose of the Conservation land use
32 category is to provide for publicly owned lands held primarily for the
33 preservation of natural and historic resources and compatible passive
34 recreational uses.
35
36 Consistency of the proposed amendment with the provisions and intent afChapter 102 o/the
37 Monroe County Code, Land Development Regulations:
38
39 In a(:cordance with MCC Sec. 102-158(d)(5)b., the BaCC may consider the adoption of an
40 ordiIlance enacting the proposed change based on one (1) or more of the following factors:
41 chan.ged projections; changed assumptions; data errors; new issues; recognition of a need for
42 additional detail or comprehensiveness; and data updates. The following criteria are not
43 applicable to the proposed FLUM amendments: changed projections, changed assumptions,
44 data errors, new issues, and data updates.
45
127 FCT FLUM
ORe: October 6, 2009 DRC7-09PC: November 4, 2009 PC36-09
M29080 Page 3 of?
BaeC: Transmittal February 22,2010
I Staff finds the proposed FLUM amendments in accordance with MC Sec. 102-158,
2 consistent with the subsection 'recognition of a need for additional detail or
3 comprehensiveness'.
4
5 In 1994 Monroe County received a 3.5 million dollar grant from the Florida Communities
6 Trust (FCT) to purchase environmentally sensitive lands (considered Tier I lands today).
7 The grant agreement was unanimously approved by the Monroe County Board of County
8 Commissioners at their May 3, 1994 meeting. Utilizing grant funding, the County
9 purchased a total of 596 parcels throughout the Keys. In 2001, the County transferred
10 title to 419 of the 596 parcels to the Board of Trustees of the State of Florida for land
11 management purposes. Additional properties were transferred to local municipalities
12 when they incorporated. A total of 156 properties are still owned and managed by the
13 County.
14
15 The grant agreement requires that the County amend the FLUM of any properties
16 purchased using this grant to a Conservation (C) designation. Fifteen years after the
17 grant agreement was executed, this amendment still needs to occur.
18
19 IIIV ABLE COMMUNlKEYS PLANS
20
21 Punending the future land use map to the Conservation (C) district will enable the Tier I
22 county owned vacant lands to preserve the natural environment in perpetuity- Growth
23 v/ill be directed to lands more suitable for development. The amendments are consistent
24 vtith the Livable CommuniKeys Plans (Lep) goals of Big Pine / No Name Key,
25 1'avernier, and Key Largo.
26
27 Bit! Pine Kev I No Name Kev
28
29 Goal 1: Direct future growth to lands that are intrinsically most suitable for
30 development and encourage conservation and protection of
31 environmentally sensitive lands by using the relative wildlife habitat value
32 of land as a basis for development decisions on Big Pine Key and No
33 Name Key.
34
35 Goal 6: Provide facilities for the active and passive recreational needs of all age
36 groups in the community while avoiding unnecessary impacts to the
37 protected species.
38
39 Goal to: Protect and manage natural resources within the planning area in order to
40 ensure continued viability and biodiversity of plant and animal life and to
41 maintain compliance with the anticipated Incidental Take Permit (ITP).
42
43
44
45
127 FCT FLUM
ORC: Oc:tober 6, 2009 DRC7-09PC: November 4, 2009 PC36-09
M29080 Page 4 of?
BaeC: Transmittal February 22, 2010
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Kev Lan!o LCP
Strategy 9.3:
Enhance current passive recreational areas to provide adequate
accessibility and outdoor education opportunities to all users,
while maintaining the sensitive natural and cultural resources
within the planning area.
Action Item 9.3.1: Provide a variety of appropriate quality passive recreational
activities and outdoor educational opportunities where consistent
with overarching environmental conservation responsibilities.
Action Item 9.3.4: Prioritize the acquisition of public recreational lands to maximize
the preservation of scenic vistas, undeveloped views, and access
to water resources.
Tavernier LCP
Goal 1: Direct future growth to lands that are most suitable for development,
prevent sprawl into less developed areas and encourage preservation of
environmentally sensitive lands.
Goal 2: Preserve and protect the qualities of neighborhoods between Tavernier
creek bridge and mile marker 97 - its small town unique character, lush
natural environment and water orientation.
Goal 6: Preserve, manage, and restore where appropriate, the natural resources
within the planning area, taking care to preserve open space and protect
water quality and to acquire environmentally sensitive lands.
Goal 10: Enhance existing park facilities and provide additional resources for active
and passive land-based recreation and protect shoreline access for water
based recreational activities for all age groups within the community.
Impact on Community Character:
MC(: Section 102-158 maintains the proposed FLUM amendments may not permit an
adve:rse change in community character. The lands are vacant and will be used for passive
recr~~ationa1 uses and the preservation of the natural character of the land. The proposed
FLU~M amendments will require the lands to remain vacant in perpetuity. No impact on
community character is anticipated. Additionally, Comprehensive Plan Policy 101.4.21
state:s, in the Conservation District, allocated density and maximum net densities are zero (0)
and maximum intensity floor area is 0.05. Therefore, the following factors will not be
affected by the FLUM amendment: local use compatibility, density and intensity, local
traBlc and parking, effects on public facilities, traffic circulation, solid waste, potable water,
effects on redevelopment/infill potential and stormwater.
127 FCT FLUM
DRC: O(~tober 6, 2009 DRC7-09PC: November 4, 2009 PC36-09
M29080 Page 5 of 7
sace: Transmittal February 22, 2010
1
2 The proposed FLUM amendment will preserve the eXIstmg natural resources and
3 environment. Policy 101.4.15 of the Comprehensive Plan states that the principal purpose of
4 the Conservation land use designation is to provide the preservation of natural and historic
5 resources and compatible passive recreational uses for publicly owned lands.
6
7 Consistency with the Principles for Guiding Development in the Florida Keys Area of Critical
8 State Concern pursuant to F.S. Chapter 380.0552(7).
9
10 For the purposes of reviewing consistency of the adopted plan or any amendments to that
11 plan with the principles for guiding development and any amendments to the principles,
12 the principles shall be construed as a whole and no specific provision shall be construed
13 or applied in isolation from the other provisions.
14
15 (a) To strengthen local government capabilities for managing land use and
16 development so that local government is able to achieve these objectives without
17 the continuation of the area of critical state concern designation.
18 (b) To protect shoreline and marine resources, including mangroves, coral reef
19 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
20 (c) To protect upland resources, tropical biological communities, freshwater
21 wetlands, native tropical vegetation (for example, hardwood hammocks and
22 pinelands), dune ridges and beaches, wildlife, and their habitat.
23 (d) To ensure the maximum well-being of the Florida Keys and its citizens through
24 sound economic development.
25 (e) To limit the adverse impacts of development on the quality of water throughout
26 the Florida Keys.
27 (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural
28 environment, and ensure that development is compatible with the unique historic
29 character of the Florida Keys.
30 (g) To protect the historical heritage of the Florida Keys.
31 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing
32 and proposed major public investments, including:
33 1. The Florida Keys Aqueduct and water supply facilities;
34 2. Sewage collection and disposal facilities;
35 3. Solid waste collection and disposal facilities;
36 4. Key West Naval Air Station and other military facilities;
37 5. Transportation facilities;
38 6. Federal parks, wildlife refuges, and marine sanctuaries;
39 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
40 properties;
41 8. City electric service and the Florida Keys Electric Co-op; and
42 9. Other utilities, as appropriate.
127 FCT FLUM
ORC: Oc:tober 6, 2009 DRC7-09PC: November 4, 2009 PC36-09
M29080 Page 6 of?
BaeC: Transmittal February 22, 2010
1 (i) To limit the adverse impacts of public investments on the environmental
2 resources of the Florida Keys.
3 G) To make available adequate affordable housing for all sectors of the population of
4 the Florida Keys.
5 (k) To provide adequate alternatives for the protection of public safety and welfare in
6 the event of a natural or manmade disaster and for a post disaster reconstruction
7 plan.
8 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys
9 and maintain the Florida Keys as a unique Florida resource.
10
11 ~T AFF RESPONSE:
12
13 All parcels are located in Tier 1 and will remain vacant. The proposed FL UM change to
14 C~onservation (C) for the 28.87 acres will preserve existing natural resources. Staff finds
15 proposed FLUM amendment consistent with the Principles for Guiding Development as a
16 vV'hole and not inconsistent with anyone principle.
17
18 V RE(~OMMENDATION:
19
20 Staff recommends APPROVAL
127 FeT FLUM
DRC: O(:tober 6, 2009 DRC7-09PC: November 4, 2009 PC36-09
, M29080 Page 7 of 7
BOCC: Transmittal February 22, 2010
~.(i)~.
{~tl ~
:... ::! ~ !,. 1J-
-. --- ----
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION P36-09
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST BY THE MONROE
COUNTY LAND STEWARD OFFICE TO AMEND THE FUTURE
LAND USE MAP (FLUM) DESIGNATION FROM VARIOUS FLUM
CATEGORIES TO A FLUM OF CONSERV A nON (C)
WHEREAS. dwing a regularly scheduled public hearing held on November 4,
2009, the Monroe County Planning Commission conducted a review and consideration of
a request filed by the Monroe County Land Steward Office to amend 127 county-owned
vacant parcels' Future Land Use Map (FLUM) designations from various future land use
map designations to Conservation (C) in accordance with the provisions and intent of
Monroe County Comprehensive Plan Policy 101.4.15; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the
Development Review Committee of Monroe County conducted a review and
consideration of a request by the Monroe County Land Steward Office for a FLUM
amendment in accordance with the provisions and intent of Monroe County
Comprehensive Plan Policy 101.4.15;
WHEREAS, the 127 county-owned vacant parcels are located throughout
Monroe COWlty; a complete list of legal descriptions, real estate numbers and associated
maps are attached as Exhibit 1;
WHEREAS, the Planning Commission reviewed the following documents and
other infonnation relative to the request:
1. Staff report by Kathy Grasser, Monroe County Comprehensive Planner,
dated October 19, 2009;
2. Legal Descriptions and Real Estate Numbers List; and
3. Associated GIS Maps.
WHEREAS, based upon the information and documentation submitted, the
Planning Commission makes the following Findings of Fact and Conclusion of Law:
I 27-COUlflty-Owned Vacant Parcels FLUM P I of 3
DRe OCTOBER 6, 2009t DRC7-09 pc. November 4t 2009 P36-09 BOCC-FLUM-JANUARY 2010
1. The 127 parcels are contained within ten (10) FLUM categories;
2. All county-owned vacant parcels are located in Tier I and total 28.87 acres
in size;
3. The proposed FLUM amendments are consistent with the provisions and
intent of the Monroe County Comprehensive Plan, particularly Policies
101.4.1 S and 101.4.21 ~
4. The proposed FLUM amendments are consistent with Chapter 102-158, of
the Monroe County Code, Land Development Regulations, particularly
subsection 'recognition of a need for additional detail or
comprehensiveness' ;
5. The proposed FLUM amendments are consistent with the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern
pursuant to F .S. Chapter 380.0552(7);
6. The proposed FLUM amendments are consistent with the Livable
CommuniKeys Plans (LCP) goals of Big Pine I No Name Key, Tavernier,
and Key Largo;
7. In 1994 Monroe County received a 3.5 million dollar grant from the
Florida Communities Trust (FCT) to purchase environmentally sensitive
lands (considered Tier I lands today);
8. On May 3, 1994, the Monroe County Board of County Commissioners
unanimously approved the grant agreement;
9. The County purchased a total of 596 parcels throughout the Keys utilizing
grant funding. In 2001, the County transferred title to 419 of the 596
parcels to the Board of Trustees of the State of Florida for land
management purposes;
10. A total of 156 properties are still owned and managed by the County;
11. Twenty-nine (29) parcels already have the correct FLUM designations as
required by the grant agreement. The remaining 127 properties need
FLUM changes.
12. The grant agreement requires that the County amend the FLUM
designations of any properties purchased using this grant to a
Conservation (C) designation.
127-Cou:nty-Owned Vacant Parcels FLUM
DRe OCTOBER 6. 2009, DRC7..()9
PC November 4, 2009 P3~
P 2of3
BOCC-FLUM-JANUARY 2010
WHEREAS, Planning & Environmental Resources Department Staff ha~ IllUud that all
of the required standards shall be met and recommended approval of the applicatiuno ~llld
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING C"()\l!\IISSION
.OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and (Olllll"lusions of
~Law support its decision to RECOMMEND APPROVAL to the BO~lId tlt County
~Commissioners of the request filed by the Monroe County Land Steward Officl: hi dlnend 127
ICOunty-Owned vacant parcels' Future Land Use Map (FLUM) designations fronl \.It h)US future
land use map designations to Conservation (e).
PASSED AND ADOPTED BY THE PLANNING COMMISSION of \Itllllne County,
Florida, at a regular meeting held on the 4th day of November, 2009.
BY
Chair Wall
Vice-Chair Cameron
Commissioner Hale
Commissioner Lustberg
Commissio er erling
NTY, FLORIDA
Signed this
9r6
day of
dcJ
, 2009.
_.......-.-. -"t
· t I :-;PROVE
APO LEG,
?,y-
ffic:o
.....--;.1)1......::.. #...
;127-Counly.Qwncd Vac_t P.-ceIs FLUM
))RC OCTOBER 6. 2009, DRC7-09
PC November 4.2009 P36-09
P 3 ofJ
:~j ~l' I:LUM..JANUARY 2010
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
CX!J Z.
\tJ\U
Meeting Date:_Februarv 22.. 2010
Division:
Growth Management Division
Bulk Item: Yes
No -1L
Department: Planning & Environmental Resources Dept.
Staff Contact PersonIPhone #: Christine Hurley.. AlCP
Growth Management Director.. (305) 289-2500
AGENDA ITI~M WORDING:
A public hearing to consider an ordinance of the Board of County Commissioners amending land use district
designations on 127 county-owned lands from various land use map district designations to Conservation District
~ land use district as required by Florida Communities Trust (FCT) under Section IV (2) of a grant agreement
etween Monroe County and FCT dated May 3, 1994.
ITEM BACK4:;ROUND:
During a regularly scheduled public meeting concerning the subject properties held on November 4, 2009, the
Planning Connnission conducted a public hearing and approved Resolution P37-09 recommending approval to the
Board of Coun.ty Commissioners to amend the current Land Use Map from various land use district designations to
Conservation Ilistrict (CD).
All properties proposed under this amendment are owned by Monroe County and were purchased with funding from
a Florida Conununities Trust grant. The properties purchased under this grant are intended for conservation or
resource-based recreation purposes only. In accordance with Section IV (2) of the grant agreement, Monroe County
must amend tbe future land use map (FLUM) to reflect this purpose. Of the 156 properties retained by Monroe
County, twenty-nine (29) parcels already have the correct FLUM as required by the grant agreement. The remaining
127 properties need land use district designation changes. All properties are in a Tier I designation. All of the
properties are proposed to be amended to a Conservation District (CD) land use district designation.
PREVIOUS E~LEV ANT DOCC ACTION:
On February 22, 2010, during a special public meeting, the Board of County Commissioners held a public hearing to
consider the transmittal of an ordinance ,to the Florida Department of Community Affairs for review and comment of
a proposed future land use map amendment, amending 127 county-owned vacant parcels Future Land Use Map
designations from various FLUM designations to Conservation (C) for the same properties.
In 1994, Monroe County received a 3.5 million dollar grant from the Florida Conununities Trust (FCT) to purchase
environmentally sensitive lands (considered Tier I lands today). The grant agreement was unanimously approved by
the Monroe County Board of County Commissioners at their May 3, 1994 meeting.
CONTRACTIA~GREEMENT CHANGES: N/A
STAFF RECOr~MENDATION: Approval
TOTAL COST:
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTI)~ OF LOCAL PREFERENCE:
COST TO COIJNTY: SOURCE OF FUNDS:
REVENUE PRIODUCING: Yes _ No _ AMOUNT PER MONTH_ Year
APPROVED B"V: County Atty K OMB/Purchasing _ Risk Management_
DOCUMENT A.TION:
Included 1-
Not Required ___
AGENDA ITEM #
B.l-
DISPOSITION:
BOCC Packet
127 Monroe CoWlty Owned Parcels
February 22, 2010
Page 1 of6
CUITeI1t Land Use Map Amendments
BOCC LAND USE DISTRICT ORDINANCE
BOCC Packet
127 Monroe County Owned Parcels
February 22,2010
Page 2 of6
Current Land Use Map Amendments
I)J
O~
ORDINANCE NO. -2010
}~N ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
rvl0NROE COUNTY, FLORIDA, AMENDING THE LAND USE DISTRICT
I)ESIGNA TION ON COUNTY-OWNED LANDS FROM COMMERCIAL
F~SHING DISTRICT (CFD) TO CONSERVATION DISTRICT (CD) FOR
F.ARCELS HAVING REAL ESTATE NUMBERS 00442620-000000 TO
00442640-000000; FROM IMPROVED SUBDIVISION (IS) TO
(:ONSERV A TION DISTRICT (CD) FOR P ARCELS HAVING REAL ESTATE
rWMBERS 00117530-000000 (PART), 00117560-000000 (PAR1j, 00169770-
(tOOOOO, 00169840-000000, 00169850-000000, 00170270-000000 TO 00170350-
000000, 00170670-000000 TO 00170780-000000, 00170960-000000, 00171160-
000000 TO 00171220-000000, 00171240-000000 TO 00171270-000000,
00177000-000000, 00177400-000000, 00177610-000000, 00177620-000000,
00177960-000000, 00316370-000000, 00316380-000000, 00442650-000000 TO
00442730-000000,00551580-000000 TO 00552010-000000; FROM IMPROVED
~~UBDIVISION I DUPLEX (IS-D) TO CONSERVATION DISTRICT (CD)
]~OR p ARCELS HAVING REAL ESTATE NUMBERS 00481320-000000,
00481340-000000; FROM NATIVE AREA (NA) TO CONSERVATION
][)ISTRICT (CD) FOR P ARCELS HAVING REAL ESTATE NUMBERS
00117530-000000 (PAR1j, 00117560-000000 (PAR1j, 00170910-000000 TO
00170950-000000; FROM SUBURBAN COMMERCIAL (SC) TO
.CONSERVATION DISTRICT (CD) FOR PARCELS HAVING REAL ESTATE
lruMBERS 00111260-000000, 00111270-000000, 00111880-000030, 00111880-
000300, 00111890-000000, 00111940-000000; FROM SUBURBAN
JRESIDENTIAL (SR) TO CONSERVATION DISTRICT (CD) FOR PARCELS
lIA VING REAL ESTATE NUMBERS 00115510-000600, 00115520-002300,
00177340-000000, 00177350-000000, 00200680-000500, 00200680-000800,
00200680-000900, 00200680-001000 00516800-000000, 00516830-000000,
130517080-000000, 00519320-000000; FROM SUBURBAN RESIDENTIAL
:LIMITED (SRL) TO CONSERVATION DISTRICT (CD) FOR A PARCEL
:HAVING REAL ESTATE NUMBER 00118110-000200 LOCATED
'THROUGHOUT MONROE COUNTY, FLORIDA.
WHEREAS, there are 127 county-owned vacant parcels located throughout Monroe
Coulnty; a list of legal descriptions with real estate numbers are attached as Exhibit 1 to the
ordinance and associated maps are attached Exhibit 2 to the ordinance; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the
De'velopment Review Committee of Monroe County conducted a review and consideration of a
reqllest by the Monroe County Land Steward Office for a land use district map amendment; and
Haec Packet
127 Monroe CO\llnty Owned Parcels
February 22,2010
Page 3 of6
CUJTeIlt Land Use Map Amendments
WHEREAS, during a regularly scheduled public meeting concerning the subject
properties held on November 4, 2009, the Planning Commission conducted a public hearing
and approved Resolution P37-09 recommending approval to the Board of County
COIDlnissioners to amend the current Land Use District Map from various land use district
designations to Conservation District (CD); and
WHEREAS, during a special public meeting held on February 22, 2010, the Monroe
County Board of County Commissioners conducted a public hearing to consider a request by
the ~{onroe County Land Steward, to transmit an ordinance to the Department of Community
Affairs amending various future land use map designations for 127 Monroe County owned
prop;,rties to Conservation (C) which transmittal was approved; and
WHEREAS, during a special public meeting held on February 22, 2010, the Monroe
COunLty Board of County Commissioners conducted a public hearing to consider a request by
the ~lonroe County Land Steward, to amend various current land use map designations for 127
Mom~oe County owned properties to Conservation District (CD); and
WHEREAS, this Land Use District designation amendment will not become effective
until a notice is issued by the Department of Community Affairs or the Administration
Commission approving the corresponding Future Land Use Map amendment, a notice is issued
by the DCA approving this ordinance and until all appeal periods are exhausted; and
WHEREAS, based upon the information and documentation submitted, the Board of
CoutIty Commissioners makes the following Findings of Fact and Conclusions of Law:
1. The 127 parcels are contained within eight (8) LUD categories.
2. All county-owned vacant parcels are located in Tier I and total 28.87 acres in size.
3. The proposed LUD amendments are consistent with the provisions and intent of the
Monroe County Comprehensive Plan, particularly Goal 105 and Objective 105.1.
4. The proposed FLUM amendments are consistent with Sec. 102-158(d)(5)b.6. of the
Monroe County Land Development Regulations, particularly subsection
'recognition of a need for additional detail or comprehensiveness' ·
5. The proposed LUD amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern pursuant to F.S.
Chapter 380.0552(7).
6. The proposed LUD amendments are consistent with the Livable CommuniKeys
Plans (LCP) goals of Big Pine / No Name Key, Tavernier, and Key Largo.
7. In 1994 Monroe County received a 3.5 million dollar grant from the Florida
Communities Trust (FCT) to purchase environmentally sensitive lands (considered
Tier I lands today).
BOCC Packet
127 Monroe Coun.ty Owned Parccls
February 22,2010
Page 4 of6
Current Land Use Map Amendments
8. On May 3, 1994, the Monroe County Board of County Commissioners unanimously
approved the "Rate of Growth Control Land Acquisition Program to Implement the
Monroe County Year 2010 Comprehensive Plan"; Florida Communities Trust
Project No. 93-001-CSl.
9. The County purchased a total of 596 parcels throughout the Keys utilizing grant
funding. In 2001, the County transferred title to 419 of the 596 parcels to the Board
of Trustees of the State of Florida for land management purposes.
10. A total of 156 properties are still owned and managed by the County.
11. Twenty-nine (29) parcels already have the correct LUD designations as required by
the grant agreement. The remaining 127 properties need LUD changes.
12. The grant agreement requires that the County amend the LUD designations of any
properties purchased using this grant to a Conservation District (CD) designation.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1.
The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The subject properties located throughout Monroe County, Florida with real estate
numbers 00442620-000000, 00442630-000000, 00442640-000000, 00177000-000000,
00316380-000000, 00177400-000000, 00177610-000000, 00177620-000000, 00177960-
000000, 00551580-000000, 00551670-000000, 00551680-000000, 00551690-000000,
00551700-000000, 00551710-000000, 00551720-000000, 00551730-000000, 00551740-
000000, 00551750-000000, 00551760-000000, 00551590-000000, 00551770-000000,
00551780-000000, 00551790-000000, 00551600-000000, 00551610-000000, 00551620-
000000, 00551630-000000, 00551640-000000, 00551650-000000, 00551660-000000,
00551800-000000, 00551890-000000, 00551900-000000, 00551910-000000, 00551920-
000000, 00551930-000000, 00551940-000000, 00551950-000000, 00551960-000000,
00551970-000000, 00551980-000000, 00551810-000000, 00551990-000000, 00552000-
000000, 00552010-000000, 00551820-000000, 00551830-000000, 00551840-000000,
00551850-000000, 00551860-000000, 00551870-000000, 00551880-000000, 00442660-
000000, 00442670-000000, 00442680-000000, 00442690-000000, 00442700-000000,
00442710-000000, 00442720-000000, 00442650-000000, 00169770-000000, 00169840-
000000, 00169850-000000, 00170270-000000, 00170290-000000, 00170300-000000,
00170320-000000, 00170280-000000, 00170670-000000, 00170680-000000, 00170690-
000000, 00170700-000000, 00170710-000000, 00170720-000000, 00170730-000000,
00170740-000000, 00170750-000000, 00170310-000000, 00170760-000000, 00170330-
000000, 00170340-000000, 00170350-000000, 00170770-000000, 00170780-000000,
00170960-000000, 00171160-000000, 00171170-000000, 00171180-000000, 00171190-
000000, 00171200-000000, 00171210-000000, 00171220-000000, 00171240-000000,
00171250-000000, 00171260-000000, 00171270-000000, 00442730-000000, 00316370-
000000, 00117530-000000, 00117560-000000, 00481320-000000, 00481340-000000,
00170910-000000, 00170920-000000, 00170930-000000, 00170940-000000, 00170950-
000000, 00111260-000000, 00111270-000000, 00111880-000000, 00111890-000000,
00111940-000000, 00111880-000300, 00115510-000600, 00115520-002300, 00516800-
000000, 00177340-000000, 00516830-000000, 00519320-000000, 00517080-000000,
00200680-000500, 00200680-000800, 00200680-000900, 00200680-001000, 00177350-
000000, 00118110-000200 which are currently designated with various land use district
designations shall be designated as Conservation (C) as shown on the attached maps,
which are hereby incorporated by reference and attached as Exhibit 2.
Boec Packet February 22, 2010 Page 5 of 6
127 Monroe County Owned Parcels Current Land Use Map Amendments
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
The Land Use District designation of the Monroe County Code shall be amended as
delineated in Section 2 above.
This Land Use District map amendment will not become effective until adoption of the
corresponding future land use map amendment by the Board of County Commissioners,
approval by the Department of Community Affairs and until all appeal periods are
exhausted.
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 hereby repealed
to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed
thereby.
This ordinance does not affect prosecutions for ordinance violations committed prior to
the effective date of this ordinance; does not waive any fee or penalty due or unpaid on
the effective date of this ordinance; and does not waive any fee or penalty due or unpaid
on the effective date of this ordinance; and does not affect the validity of any bond or
cash deposit posted, tiled, or deposited pursuant to the requirements of any ordinance.
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.
PAS.SED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a. special meeting held on the 22nd day of February A.D., 2010.
Mayor Sylvia J. Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor Sylvia J. Murphy
A TrEST:
DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
February 22,2010
Page 6 of6
Current Land Use Map Amendments
BOCC Packet
127 Monroe COWlty Owned Parcels
FLORIDA COMMUNITIES TRUST EXHIBIT 1
REAL ESTATE NUMBERS AND LEGAL DESCRIPTIONS
~l_ ~l =~ ~ I t NO. IN Aln~K, LOT IS_ ANn
II ), ~~ U 1- acrea e ,~ II Pine
11 rp_ acrea e ,~ I Pine
u )1 ~4 II .- acrea e ,~ I Pine
II )1 Il - acrea e ,~ I Pine
I. ~: II - acrea e ~A I Pine
Ul1 4 toll - I. aerea e ~A I Pine
. .. - - .. Cudjoe Acres Paree I' u oe
I a; ~4 - Cudjoe Acres Parcel V V u oe
." 1-1 aerea Ie .. E #1175: 10 u a oa
{J I" acrea ~e ~ ~ #11751)0 u a oa
\J 1-1 ~ Suga 1oa1 ~cre5 04 ( 9, ~ot fIt ~.u a oa
- . - ndlan nl s OCK 7, .ot 3 ,.u sr oa
U~ ".Atl - ndian n J:s OCK ,~o 10 u a oa
U~ " .. - n Ian n 5 oe t ~O 1 I Ul a os
Ut 'I - n Ian n -s oc , a , u a oa
I '1 - n Ian n 5 OC , ....ot 2 Ul a oa
It n Ian n 5 OC ,...0 , Ul a oa
I 'I II - n Ian n s oe t 10 4 Ul a os
II 'II: t - n Ian n s loc l , o b UI a10a
t II 'I ';I~~' - I n Ian ~n s loc l , ot 6- .U a oa
III " I: ~ ~ - rn Ian n st ~oc l , ot I ~.u arloa
III 'I t~ ~ - n Ian n s ~oe , ot ~I .U ar oa
III 'I 5~ - n Ian n st 3ac " o .~ .u ar oa
1 II >> - n Isn nl 5t oc I Ooll .u ar oa
, n Ian n 5t oe I o J. ",4 U aroa
t nl Ian n st DC , o J..,. U area
Ut Inl Ian Mn st oe , o J. .i. U arTaa
UP" I - rnl Ian Mn s DC I, o J. .!) ~ u a~ 08
U'." 'I . 'I - III Int Ian Mn st oc I, o ~,n ~.u aroa
... I". ~ it - .. In Ian Mn 5 Iloe ., La ~ .)u al1aa
UI I '~,I - .. In Ian Mn s lice t, La ~.~ jU ar oa
UI I ~I - n Ian ~nt 5 lIoc ~, Lot 11ll,! ..u al108
II rc '. - nl Ian nt s oc ~, ..otfl( u araa
rUI - n Ian nl s Boe ~, ...ot 1 ~ UI ar oa
'U/e u - nl Ian n~ I 1::5 ae ~I .0 ; . U al10a
rOB - nl Ian n~ ~s oc ~ ~ 1 ...ot I 5 UI aroa
I ~ 'IIY~ ~I - nl Ian nl =5 oc ~ _at t u a 08
~ I! ,~.t - nl Ian nt Es oe I, ~ot 7 ~Ulaoa
I ~ - nl Ian ni :5 oc ,~at ~ ~ Ul a oa
I I_I n Ian n -5 oe I, ...0 t U araa
IU' n Ian n s oc 1,.0 .~I u aroa
1001' 1-1 n Ian n st oc , ~o ~.I u aroa
,OU11 Ll n Ian n 5t oe , _0 J. U ar oa
'11111 1111- nc Ian nc 5 oc , ot J..... :)u ar oa
I ), IO- n Ian n s ~oc , _0 J. '<I. U arca
I J" :UII- n Ian nl 5 50c , _0 J. ,J. U araa
III J" .. I- n Ian nl s OC I, a J.t. U aroa
I ." ,.~I I_ n Ian n st oc J, ot J. ~I U araa
.. 41 - n Ian n 5 oe ~, 1 a ~ ~ ~ u anoa
- n Ian n s oc ~, l 0 ~ I u araa
- nl Ian n s DC ~, Lo f.1 I I U sr oa
- nl Ian n 5 c ~ ~,Lo f ~ .Ut ar oa
1 '111)1 - ';U roa s 4, ot4 4 ,U De
I ~ ~~I - C-u roa s Jek 4, Lo 38 Lu oe
I ,. I:)' l- eu roa s ock 4, Lo 39 Cu oe
t II .1 . 11- Cu roat s i., ~o ~ ~ Cu oe
, III i t Cu roat s f, ~o Cu oe
I 1111 t....:1 - Cu reat J:st f, .0 ,4 Cu oe
BOCC TRANSMITTAL HEARING: FEBRUARY 22, 2010
P. 1 of 3
FLORIDA COMMUNITIES TRUST EXHIBIT 1
REAL ESTATE NUMBERS AND LEGAL DESCRIPTIONS
R ... Al ;;. '- I NO. IN ~!.J)~I{:r LOT !SL4~D
Ul , 'I - 't~utthroa H Est ~k f. at 46 I~ ,udjoe
- ummer anc st ot ummerJand
ummer an st rae ummerland
- ummer an st ract ummerJanl:i
. I umme an st rae ummerlantf
II " - I ~ Pine Shores 510e . La 6 iQ :)Ine
. 11 Pine Shores ~IOC . o 7 ig JT ne
. om Isons I!K 1 . La E . e !-all 0
. om ,sons 5!~ 1 . 0 ce ~af1 0
. om Isons SK'1 . Ot <e .ar 0
. om tsons II 1: . ot t <e' .al'i 0
- 10m Isons S' 1 ~ . at U < e' ar 0
- 10m tsons 1 ~ . ot <e' .ar 0
. lam tsons ~ ~ . 0 1.iII <e ar~ 0
om sons I 0 , <e af1 a
'.J - TI om sons 0 I~ <e an 0
I
,,, . "10m sons 0 ~ e ar 0
I
U~ - om )sons 5; I, ~o It e ar10
U~ - n om )sons I I, ....0 e 81i 0
Jl ..lEi. C . - I~ ~dol e Casa ct Sloe .Lo 2 e ati 0
" I.t.e i4 - ~~aol e Casa Ct loe I I at 3. 1/2 4 ll.e ar 0
I" - a' aven Soe I Lot I. I<e a" 0
r" 1-1 a' aven ESac I Lot ~ I<e ar 0
,,, II - a' aven S oc \ 6. L at 3~ I<e sr 0
,1 - a' aven t ock 7, .ot 9 I<e ar 0
I, f' - ~ n ers Par t 4, ot ~e ati 0
" '.. I~ - An! ers Par J. I at ~ <e 8ti 0
n I" 1-1 .~ n ers Par I. , ot ~ (ei ...al'i 0
I,,: , - An~ ers Par I. " 0 A <e f ...an 0
" .. , ,.. . A n~ ers j;Jar~ E J. . ot! < ei ...ar4 0
,..= , 'I"; - "n ers Pari E I. , at < e ' ...an 0
An ers ~ar J. , 0 <e .an 0
- II An ers Par 4. La ~ <e af1 0
" ,~ - II ,,, ers Par ~. ...0 <e .an 0
, - .. r(n ers Par I., ...0 0 (e .ar 0
.. ,: ,,, ~. - M ers ~ar I.. ...ot (e ar 0
t" I ~ . IAn ers ~ar J. I .ot tJ. ~e ali 0
. ~ .: .1 '~ - IAn ers ~ar ~ I 1-0 , ~e al1 0
l:l - An ers ~ar J., ~O I. ~e ali 0
) . - An ers Par J. , ,-0 . <e ar 0
) 1-1 I)' n ers ~ar I. , 0 t Ke ar a
) .An ers ~ar J., ...ot f<e ali 0
) .,.1 1..1 A ers Pa 4 J .ot J I<e af 0
r. .. ". 1-1 ,. ers ~a ~ I at J Ke ali 0
II r 1- ~ ers ;:)a i. , at tJ.'~) I<e ar 0
'. '1'1 t_ ~n ers :Ja J. , ot.ill ~e afi 0
tn: ~ II . iGn ers :Ja I. , o III ~~! Ke ar a
l-t ~n ers :)a 0 ~e an 0
,
" . IAn ers ~a ), o .. ~e an a
" '" ~, - IAn ers :Jar~ ~, o .. ~e afi 0
,. I";~' - An ers Pan ~ I. o I. <e ' ...an 0
t- An ers Par~ I, ..ot h ce ...an 0
~; - An ers Par S ., __ot h <e _ar 0
K - }in ers :Jar I '. _0 <e .an 0
- An ers :Jar I t .ot It <e _811 0
1-1 ,An ers :Jar I . .ot ~ t (e ar 0
1-1 An ers :)ar Ii . ot 0 <e afi 0
,
II " - An ers ;)ar ~I 5, I ot 1 (e ar 0
BOCC TRANSMITTAL HEARING: FEBRUARY 22, 2010
P. 2 of 3
P. 3 of 3
FLORIDA COMMUNITIES TRUST
REAL ESTATE NUMBERS AND LEGAL DESCRIPTIONS
EXHIBIT 1
-~ E:: rr II t NO_ ~ tt!~~ ..... ..- ~I Df~. , LOT ISl -~~
- ---- ,
I;~: 'l - II rAn ers Park ). ...0 t t\e I ...sr 0
'I i - IAn ers ~arK . .at , ~e' Sf 0
'. - IlA.n ers Par I< . ...0 I. ~e' ar 0
II ~n ers ~arl< . .0 j ~e' af a
'", ars Par~ ). .0 I ~e' ar 0
- ~, ers Par ), ..at Ke' af 0
,~ Il ~n ers Par ~ '. ...of I Ke' sr 0
'1 ;;J I.~n ers ~ar I< I _at Ke' af 0
'l J 'I - Il~n ers Par , 0 Ke' ar 0
iAn ers ~ar I ....0 4 Ke' ar 0
~- - n IAn ers Par I 1..0 ~.. Ke' Sf 0
BOCC TRANSMITTAL HEARING: FEBRUARY 22, 2010
aH..lJSJ. o,r L.
UJtJJS.1....~ L
EXHIBIT 2
EXHIBIT 2
UJ:lllSJ.:r L.
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
a.tlJJSJ.:rL
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional andfair
Monroe County Board of County Commissioners
Christine Hurley, AICP, Growth Management Division
Kathy Grasser, Comprehensive Planneri ~
February 1, 2010
A request by the Monroe County Land Steward office to amend the
current Land Use District (LUD) map on 127 county-owned vacant
parcels throughout Monroe County from various LVD designations to
Conservation district (CD).
BOCC Meeting: February 22, 2010
To:
Through:
From:
Date:
Subject::
I REQUEST
An application was made by Beth Bergh, Monroe County Land Steward to amend the current
Lan(! Use District (LUD) map on 127 county-owned vacant parcels throughout Monroe
County from various LUD designations to Conservation district (CD). The parcels are
owned by Monroe County and were purchased with funding from the Florida
Communities Trust. There are one hundred twenty-seven (127) parcels scattered
throughout the Florida Keys. A list of legal descriptions with real estate numbers are
attached as Exhibit 1 to the ordinance. The associated maps are attached Exhibit 2 to
the ordinance.
The 127 parcels are contained within eight (8) LUD categories, shown below.
EXISTING ZONING #
COMMERICAL FISHING DISTRICT 3
IMPROVED SUBDIVISION 96
IMPROVED SUBDIVISION / NATIVE AREA 2
IMPROVED SUBDIVISION / DUPLEX 2
NATIVE AREA 5
SUB URBAN COMMERCIAL 6
SUBURBAN RESIDENTIAL 12
SUB URBAN RESIDENTIAL / LIMITED 1
TOTAL 127
35
127 FCT FLUM & LUn M29080
DRC: October 6, 2009
Page 1 of7
BOCC: February 22,2010
pc: November 4, 2009
1
2 II PROCESS
3
4 Amendments may be proposed by the Board of County Commissioners (BOCC), the
5 Planning Commission, the Director of Planning, or the owner or other person having a
6 contractual interest in property to be affected by a proposed amendment. The Director of
7 Planning shall review and process map amendment applications as they are received and pass
8 them on to the Development Review Committee and the Planning Commission for
9 recommendation and final action by the BOCC.
10
11 The Planning Commission shall hold at least one public hearing on a proposed LUD
12 amendment. The Planning Commission shall review the application, the reports and
13 recommendations of the Department of Planning & Environmental Resources and the
14 Development Review Committee, and the testimony given at the public hearing, and shall
15 SUbIIlit its recommendations and findings to the BOCC.
16
17 The BOCC shall hold at least one public hearing on a proposed LUD amendment. The
18 BOCC shall consider the report and recommendation of staff and the Planning Commission
19 and the testimony given at the public hearings and may either deny or adopt the LUD
20 application. Because the FLUM change was proposed at the same time, the LUD
21 amendment will not become effective until the FLUM change is adopted later by the BOCC
22 and approved by the DCA.
23
24 REi,EV ANT PRIOR COUNTY ACTIONS
25
26 On February 22, 201 0, during a special public meeting, the Monroe County Board of County
27 Commissioners conducted a public hearing to consider a request by Beth Bergh, Monroe
28 County Land Steward, to transmit an ordinance to the Department of Community Affairs
29 amending various future land use map designations for 127 Monroe County owned properties
30 to Conservation (C).
31
32 In 1994, Monroe County received a 3.5 million dollar grant from the Florida Communities
33 Trust (FCT) to purchase environmentally sensitive lands (considered Tier I lands today). The
34 grant agreement was unanimously approved by the Monroe County Board of County
35 Conunissioners at their May 3, 1994 meeting. Utilizing the grant funding, the County
36 purchased a total of 596 parcels throughout the Keys. In 2001, the County transferred title to
37 419 of the 596 parcels to the Board of Trustees of the State of Florida for land management
38 purposes. Additional properties were transferred to local municipalities when they
39 incorporated. A total of 156 properties are still owned and managed by the County.
40
41 III BACKGROUND INFORMATION
42
43 All properties proposed under this amendment are owned by Monroe County and were
44 purchased with funding from a Florida Communities Trust grant. The properties purchased
45 under this grant are intended for conservation or resource-based recreation purposes only. In
127 Fel' FLUM & LUn M29080
DRe: October 6,2009
pc: November 4, 2009
Page 2 of7
BOCC: February 22,2010
1 accordance with Section IV (2) of the grant agreement, Monroe County must amend the land
2 use district (LUD) designations to reflect this purpose. Of the 156 properties retained by
3 Monroe County, twenty-nine (29) parcels already have the correct LUD designations as
4 required by the grant agreement. The remaining 127 properties need LUD changes. All
5 properties are in a Tier I designation. All of the properties are proposed to be amended to a
6 Conservation District (CD) LUD designation.
7
8 Total Area Proposed to be Amended:
9
10 28.87 acres
11
12 Tier:
13
14 Tier 1
15
16 Existine Use
17
18 Vacant
19
20 Community Character
21
22 The community character of the immediate vicinity of each of the 127 parcels range from
23 vacant lands to lands that contain mixed use / commercial uses.
24
25 IV REVIEW OF APPLICATION
26 Consistency of the proposed amendment with the provisions and intent of the Monroe County
27 Conlprehensive Plan
28
29 The proposed Conservation District (CD) LUD amendment will preserve the natural and
30 historic resources and provide passive recreational uses. Once the LUD is adopted, 28.87
31 acre:s of Tier I land will remain vacant in perpetuity. By amending the LUD to the
32 COD.servation District (CD) zoning category will enable Tier I county owned vacant lands to
33 preserve the natural environment in perpetuity. Growth will be directed to lands more
34 suitable for development.
35
36 1. Goal 105: Monroe County shall undertake a comprehensive land
37 acquisition program and smart growth initiatives in conjunction with its
38 Livable CommuniKeys Program in a manner that recognizes the finite
39 capacity for new development in the Florida Keys by providing economic
40 and housing opportunities for residents without compromising the
41 biodiversity of the natural environment and the continued ability of the
42 natural and manmade systems to sustain livable communities in the
43 Florida Keys for future generations.
44
127 FeT' FLUM & LUn M29080
DRC: October 6, 2009
pc: November 4, 2009
Page 3 of?
BOCC: February 22,2010
1 2. Obiective 105.1: Monroe County shall implement smart growth initiatives
2 in conjunction with its Livable CommuniKeys and Land Acquisition
3 Programs which promote innovative and flexible development processes
4 to preserve the natural environment, maintain and enhance the community
5 character and quality of life, redevelop blighted commercial and
6 residential areas, remove barriers to design concepts, reduce sprawl, and
7 direct future growth to appropriate intill areas.
8
9 Consistency of the proposed amendment with the provisions and intent of Chapter 102 of the
10 Monroe County Code, Land Development Regulations:
11
12 Monroe County Code Sec. 130-28 states that the purpose of the conservation district (CD) is
13 to provide an area acquired for conservation purposes or subject to deed restrictions limiting
14 the \lSe of the property for conservation purposes.
15
16 In accordance with MCC Sec. 102-158(d)(5)b., the BaeC may consider the adoption of an
17 ordinance enacting the proposed change based on one (1) or more of the following factors:
18 changed projections; changed assumptions; data errors; new issues; recognition of a need for
19 additional detail or comprehensiveness; and data updates. The following criteria are not
20 applicable to the proposed LUD amendments: changed projections, changed assumptions;
21 datQ~ errors; new issues; and data updates. Staff finds the proposed LUD amendments in
22 accordance with Me Sec. 102-158, consistent with subsection 'recognition of a need for
23 additional detail or comprehensiveness'.
24
25 In 1994 Monroe County received a 3.5 million dollar grant from the Florida Communities
26 Trust (FCT) to purchase environmentally sensitive lands (considered Tier I lands today). The
27 grarlt agreement was unanimously approved by the Monroe County Board of County
28 Conmrissioners at their May 3, 1994 meeting. Utilizing grant funding, the County purchased
29 a total of 596 parcels throughout the Keys. In 2001, the County transferred title to 419 of the
30 596 parcels to the Board of Trustees of the State of Florida for land management purposes.
31 Additional properties were transferred to local municipalities when they incorporated. A
32 total of 156 properties are still owned and managed by the County.
33
34 The grant agreement requires that the County amend the zoning designations of any
35 properties purchased using this grant to a conservation designation. Fifteen years after the
36 grant agreement was executed, this amendment still needs to occur.
37
38 LIVABLE COMMUNlKEYS PLANS
39
40 By amending the future land use map to the Conservation district (CF) zoning category will
41 enable 127 Tier I county-owned vacant parcels to be preserved in their natural environment
42 in ]~erpetuity. Growth will be directed to lands more suitable for development. The
43 amendments are consistent with the Livable CommuniKeys Plans (LCP) goals of Big Pine /
44 No 'Name Key, Tavernier, and Key Largo.
45
127 FCT' FLUM & Lun M29080
DRC: October 6, 2009
pc: November 4, 2009
Page 4 of7
BOCC: February 22, 2010
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36
37
38
39
40
41
42
43
44
45
Hie Pine Kev I No Name Kev
Goal 1: Direct future growth to lands that are intrinsically most suitable for
development and encourage conservation and protection of
environmentally sensitive lands by using the relative wildlife habitat value
of land as a basis for development decisions on Big Pine Key and No
Name Key.
Goal 6: Provide facilities for the active and passive recreational needs of all age
groups in the community while avoiding unnecessary impacts to the
protected species.
Goal 10: Protect and manage natural resources within the planning area in order to
ensure continued viability and biodiversity of plant and animal life and to
maintain compliance with the anticipated Incidental Take Permit (ITP).
Kev Lare:o LCP
Strategy 9.3:
Enhance current passive recreational areas to provide adequate
accessibility and outdoor education opportunities to all users,
while maintaining the sensitive natural and cultural resources
within the planning area.
Action Item 9.3.1: Provide a variety of appropriate quality passive recreational
activities and outdoor educational opportunities where consistent
with overarching environmental conservation responsibilities.
Action Item 9.3.4: Prioritize the acquisition of public recreational lands to maximize
the preservation of scenic vistas, undeveloped views, and access
to water resources.
Tavernier LCP
Goal 1: Direct future growth to lands that are most suitable for development,
prevent sprawl into less developed areas and encourage preservation of
environmentally sensitive lands.
Goal 2: Preserve and protect the qualities of neighborhoods between Tavernier
creek bridge and mile marker 97 - its small town unique character, lush
natural environment and water orientation.
Goal 6: Preserve, manage, and restore where appropriate, the natural resources
within the planning area, taking care to preserve open space and protect
water quality and to acquire environmentally sensitive lands.
127 Fel' FLUM & LUn M29080
DRe; October 6, 2009
Page 5 of7
BOCC: February 22, 2010
pc: November 4, 2009
1 Goal 10: Enhance existing park facilities and provide additional resources for active
2 and passive land-based recreation and protect shoreline access for water
3 based recreational activities for all age groups within the community.
4
5 Imp,act on Community Character:
6
7 MC(~ Section 102-158 maintains the proposed LUD amendments may not permit an adverse
8 change in community character. Passive recreational uses are a permitted use in the
9 Conservation District (CD) land use category (MCC Section 130-76). No minor or major
10 conditional uses are permitted.
11
12 The lands are vacant and will be used for passive recreational uses and to preserve the natural
13 character of the land. The proposed LUD amendments will require the lands to remain
14 vacant in perpetuity. Therefore, the following factors will not be affected by the FLUM
15 ame:ndment: local use compatibility, density and intensity, local traffic and parking, effects
16 on public facilities, traffic circulation, solid waste, potable water, effects on
1 7 redevelopment/infill potential and stormwater.
18
19 The proposed LUD amendment will preserv~ existing natural resources. Monroe County
20 Code Sec. 130-28 states that the purpose of the conservation district (CD) is to provide an
21 area acquired for conservation purposes or subject to deed restrictions limiting the use of the
22 property for conservation purposes. The proposed LUD change on the 127 parcels to
23 Conservation District (CD) for the 28.87 acres will preserve the natural and historic resources
24 and compatible passive recreational uses for publicly owned lands.
25
26 Consistency with the Principles for Guiding Development in the Florida Keys Area of
27 Critical State Concern pursuant to F.S. Chapter 380.0552(7).
28
29 .For the purposes of reviewing consistency of the adopted plan or any amendments to that
30 plan with the principles for guiding development and any amendments to the principles,
31 the principles shall be construed as a whole and no specific provision shall be construed
32 or applied in isolation from the other provisions.
33
34 (a) To strengthen local government capabilities for managing land use and
35 development so that local government is able to achieve these objectives without
36 the continuation of the area of critical state concern designation.
37 (b) To protect shoreline and marine resources, including mangroves, coral reef
38 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
39 (c) To protect upland resources, tropical biological communities, freshwater
40 wetlands, native tropical vegetation (for example, hardwood hammocks and
41 pinelands), dune ridges and beaches, wildlife, and their habitat.
42 (d) To ensure the maximum well-being of the Florida Keys and its citizens through
43 sound economic development.
127 FC1' FLUM & LUn M29080
ORe: October 6, 2009
pc: November 4, 2009
Page 6 of7
BOCC: February 22, 2010
1 (e) To limit the adverse impacts of development on the quality of water throughout
2 the Florida Keys.
3 (t) To enhance natural scenic resources, promote the aesthetic benefits of the natural
4 environment, and ensure that development is compatible with the unique historic
5 character of the Florida Keys.
6 (g) To protect the historical heritage of the Florida Keys.
7 (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing
8 and proposed major public investments, including:
9 1. The Florida Keys Aqueduct and water supply facilities;
10 2. Sewage collection and disposal facilities;
11 3. Solid waste collection and disposal facilities;
12 4. Key West Naval Air Station and other military facilities;
13 5. Transportation facilities;
14 6. Federal parks, wildlife refuges, and marine sanctuaries;
15 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
16 properties;
17 8. City electric service and the Florida Keys Electric Co-op; and
18 9. Other utilities, as appropriate.
19 (i) To limit the adverse impacts of public investments on the environmental
20 resources of the Florida Keys.
21 G) To make available adequate affordable housing for all sectors of the population of
22 the Florida Keys.
23 (k) 'I'o provide adequate alternatives for the protection of public safety and welfare in
24 the event of a natural or manmade disaster and for a post disaster reconstruction
25 plan.
26 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys
27 and maintain the Florida Keys as a unique Florida resource.
28 STAFF RESPONSE:
29
30 it\ll parcels are located in Tier 1 and will remain vacant. The proposed LUD change for
31 the 28.87 acres will not affect natural resources. Staff finds proposed LUD amendment
32 consistent with the Principles for Guiding Development as a whole and not inconsistent
33 ,with anyone principle.
34
35 V RECOMMENDATION:
36
37 Staffrecommends APPROVAL.
127 FCT FLUM & LUD M29080
DRC: October 6, 2009
pc: November 4, 2009
Page 7 of?
HaeC: February 22,2010
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MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION P37-09
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST BY THE MONROE
COUNTY LAND STEWARD OFFICE TO AMEND THE LAND USE
DISTRICT (LUD) DESIGNATION FROM VARIOUS LUD
DESIGNATIONS TO A LAND USE DISTRICT DESIGNATION OF
CONSERVATION DISTRICT (CD)
WHEREAS, during a regularly scheduled public hearing held on November 4~
2009, the Monroe County Planning Commission conducted a review and consideration of
a request moo by the Monroe County Land Steward Office to amend 127 county-owned
vacant parcels' Land Use District (LUD) designations from various land use districts to
Conservation District (CD) in accordance with the provisions and intent of the Monroe
County Code Sec. l02-158{d)(5)b; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the
Development Review Committee of Monroe County conducted a review and
consideration of a request by the Monroe County Land Steward Office for a LUD
amendment in accordance with Sec. l02-158(d)(5)b of the Monroe COWlty Code; and
WHEREAS, the 127 county-owned vacant parcels are located throughout
Monroe County; a complete list of legal descriptions, real estate numbers and associated
maps are attached as Exhibit 1;
WHEREAS, the Planning Commission reviewed the following documents and
other information relative to the request:
1. Staff report by Kathy Grasser, Monroe County Comprehensive Planner,
dated October 19, 2009;
2. Legal Descriptions and Real Estate Numbers List; and
3. Associated GIS Maps.
WHEREAS, based upon the information and documentation submitted, the
Planning Commission makes the following Findings of Fact and Conclusion of Law:
127-County.()wned VlC8J1t Parcels LUD P I of 3
ORe OCTOBER 6. 2009, DRC7-09 PC November 4. 2009 P37-09 BOCC..LUD December 16,2009
1. The 127 parcels are contained within eight (8) LUD categories;
2. All county-owned vacant parcels are located in Tier I and total 28.87 acres in
size;
3. The proposed LUD amendments are consistent with the provisions and intent
of the Monroe County Comprehensive Plan, particularly Goal 105 and
Objective 105.1;
4. The proposed LUD amendments are consistent with Chapter 102-158, of the
Monroe County Code, Land Development Regulations, particularly
subsection 'recognition of a need for additional detail or comprehensiveness';
5. The proposed LUn amendments are consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern pursuant to
F.S. Chapter 380.0552(7);
6. The proposed LUD amendments are consistent with the Livable
CommuniKeys Plans (LCP) goals of Big Pine / No Name Key, Tavernier, and
Key Largo;
7. In 1994 Monroe County received a 3.5 million dollar grant from the Florida
Communities Trust (Fen to purchase environmentally sensitive lands
(considered Tier I lands today);
8. On May 3, 1994, the Monroe County Board of County Commissioners
unanimously approved the grant agreement;
9. The County purchased a total of 596 parcels throughout the Keys utilizing
grant funding. In 2001, the County transferred title to 419 of the 596 parcels
to the Board of Trustees of the State of Florida for land management
purposes;
10. A total of 156 properties are still owned and managed by the County;
11. Twenty-nine (29) parcels already have the correct LUn designations as
required by the grant agreement. The remaining 127 properties need LUD
changes.
12. The grant agreement requires that the County amend the LUD designations of
any properties purchased using this grant to a Conservation District (CD)
designation.
127<ounty.()wned Vaeant Parcels LUD
DRC OCTOBER 6, 2009. DRC7~
PC. NO\lcmber4,. 2009 P37-09
P 2 of 3
BOCC.LUD December 16,2009
WHEREAS, Planning & Environmental Resources Department Staff has found that all
of the required standards shall be met and recommended approval of the application; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to RECOMMEND APPROVAL to the Board of County
Commissioners of the request filed by the Monroe County Land Steward Office to amend 127
county-o\vned vacant parcels' Land Use District (LUD) designations from various land use
districts to Conservation District (CD).
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 4th day of November, 2009.
BY
Chair Wall
Vice-Chair Cameron
Commissioner Hale
Commissioner Lustberg
Commis onee Werling
COUNTY, FLORIDA
Randolph D.
Signed this 0 <f ti day of /d LJ
, 2009.
..; ~;- ~
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t 1~~RI~~;. ~:: ~~y;;; // /;
iLoY .- . 0 ..If!//~dLo
f._____. /- ~l01 .' 10..; 'lr;~ _..... ...............
J21-County-Owned Vacant Parcels LUD
DRe OCTOBER 6., 2009. DRC7-09
PC November 4, 2009 P37~
P J of 3
R(XC-LlJD December 16. 2009
OCo1-
olv
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 22.2010
Division:
Growth Management Division
Bulk Item: Yc~s
No ..L
Department: Planning & Environmental Resources Dept.
Staff Contact PersonIPhone #: Christine Hurley. AICP
Growth Management Director.. (305) 289-2500
AGENDA IT:EM WORDING:
A public hearing to consider a resoltllion transmitting to the Florida Department of Community Affairs, an
ordinance of the Board of County Commissioners of Monroe County, Florida, amending the future land use map
designation from Residential Low (RL) To Mixed Use I Commercial (Me) for property legally described as
Lots 13, 14, 1.5, 16, 17 And 18, Thompsons Subdivision, Section "A", according to the Plat thereo~ as Recorded
In Plat Book 1, Page 147, of the Public Records of Monroe County, Florida, having Real Estate Number
00440100.000000 located at 99101 Overseas Highway, Key Largo, approximate Mile Marker 99.1 at the request
ofMDJ Invesnnents, LLC.
ITEM BACKGROUND:
Dwing a regularly scheduled public meeting concerning the subject property held on January 27, 2010, the
Planning Conunission conducted a public hearing and approved Resolution P40-09 recommending approval to
the Board ofC:ounty Commissioners amending the Future Land Use Map from Residential Low (RL) to Mixed
Use / Commercial (MC).
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST:
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENl'IAL OF LOCAL PREFERENCE:
COST TO C.JUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY:
County Atty JL OMB/Purchasing _
Risk Management_
DOCUMEN1['ATION: Included ~ Not Required_
DIsposmC-N:
AGENDA ITEM #
B-2
BOCC Transmittal Packet
MOJ Investments, LLC.
Febrwuy 22, 20 I 0
Page lof9
Future Land Use Map Amendment
BOCC Transmittal Packet
MOJ Invesbnents, LLC.
BOCC TRANSMITTAL RESOLUTION
February 22, 2010
Page 2 of9
Future Land Use Map Amendment
Dto~
RESOLUTION _-2010
A RESOLUTION TRANSMITTING TO THE FLORIDA DEPARTMENT OF
C~DMMUNITY AFFAIRS AN ORDINANCE OF THE BOARD OF COUNTY
C~OMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING THE
F1JTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL LOW (RL)
T~) MIXED USE / COMMERCIAL (MC) FOR PROPERTY LEGALL Y
D:ESCRIBED AS LOTS 13, 14, 15, 16, 17 AND 18, THOMPSONS SUBDIVISION,
SECTION "A", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
P]~AT BOOK 1, PAGE 147, OF THE PUBLIC RECORDS OF MONROE
C'OUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00440100.000000
L()CATED AT 99101 OVERSEAS IllGHWAY, KEY LARGO, APPROXIMATE
MILE MARKER 99.1
WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing
for the pUIJ)Qse of considering 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 (~omprehensive Plan, changing the future land use designation of the properties described
above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
County Conunissioners support the requested future land use map designation change; and
NOW THERFORE, 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 recommendation of the
Planning Commission to transmit the draft ordinance 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 (1st) set of comprehensive plan amendments for 2010 to the Florida
Department of Community Affairs for review and comment in accordance with the
provisions of Chapter 163.3184, Florida Statutes.
BOCC Transmittal Packet
MDl Investments, LLC.
February 22, 2010
Page 3 of9
Futwe Land Use Map Amendment
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 of the Florida Administrative Code.
Section 4.
The Clerk of the Board is hereby directed to forvvard 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 special meeting held on the 22nd day of February A.D., 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY
Mayor Sylvia Murphy
(SEAL)
ATTEST: ])ANNY L. KOLHAGE, CLERK.
DEPUTY C~LERK.
BOCC TransmiUaI Packet
MDJ Investment;~ LLC.
February 22, 2010
Page 4 of9
Future Land Use Map Amendment
BOCC ORDINANCE
HOCC Transmittal Packet
MOJ Investments, LLC.
February 22, 2010
Page 5 of9
Future Land Use Map Amendment
ORDINANCE
-2010
AJN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
M:ONROE COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP
D:ESIGNATION FROM RESIDENTIAL LOW (RL) TO MIXED USE /
COMMERCIAL (Me) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 13,
14, 15, 16, 17 AND 18, THOMPSONS SUBDIVISION, SECTION "A",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1,
P.i~GE 147, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER 00440100.000000 LOCATED AT 99101
O.VERSEAS IDGHW A Y, KEY LARGO, APPROXIMATE MILE MARKER 99.1
WHEREAS, the subject property is located at Mile Marker 99.1, Key Largo, Florida and is
legally described as Thompsons Subdivision, Key Largo, PBl-147 Lots 13-18, Monroe County, Florida
having real estate number 00440100.000000; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the Development
Review COlnmittee of Monroe County conducted a review and consideration of a request by MDJ
Investments, LLC for a future land use map amendment in accordance with the provisions and intent of
Monroe COlmty Comprehensive Plan Policy 101.4.5; and
WHEREAS, during a regularly scheduled public meeting concerning the subject property held
on January 27, 2010, the Planning Commission conducted a public hearing and approved Resolution
P40-09 recommending approval to the BOCC to amend the Future Land Use Map from Residential
Low (RL) to Mixed Use / Commercial (Me) in accordance with the provisions and intent of Monroe
County Comprehensive Plan Policy 101.4.5; and
WHEREAS, during a special public meeting held on February 22, 2010, the Monroe County
Board of County Commissioners conducted a public hearing and approved a resolution transmitting an
ordinance to the Department of Community Affairs approving a request by MDJ Investments, LLC, to
amend the subject property's future land use designation from Residential Low (RL) to Mixed Use /
Commercial (MC); and
WHEREAS, based upon the information and documentation submitted, the Board of County
Commissioners makes the following Findings of Fact and Conclusion of Law:
BOCC Transmittal Packet
MOJ Investments:, LLe.
February 2211 2010
Page 6 of9
Future Land Use Map Amendment
1. The proposed FLUM amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan Goal 101, Objective 101.4, Policy
101.4.5 and Goal 105.
2. The proposed FLUM amendments are consistent with Sec. l02-158(d)(5)b.5. and Sec.
I02-158(d)(5)b.6. of the Monroe County Land Development Regulations, particularly
concerning 'data errors' and 'recognition of a need for additional detail or
comprehensiveness' .
3. On July 23, 1976, the Me Zoning Board adopted Resolution 20-1975 approving a
zoning change to BU-l on the property with a special use permit approving retail sales
for furniture and clothing only.
4. Building Permit Number C1809 was issued on August 13, 1976 for land clearing on
Blocks 13,14,15 and 16 on U. S. 1 and Grouper Trail.
5. Properties adjacent to the subject property to the south and west are Tier 1. Properties
to the north of the subject parcel are in a Tier 3 and a small portion to the north is Tier
1. The land use designation to the north is Mixed Use I Commercial (Me) Future Land
Use Map District.
6. The proposed FLUM amendment is consistent with the Goals, Strategies and Action
Items from the Key Largo Livable CommuniKeys Plan, particularly Goal 1.
7. The proposed FLUM amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern pursuant to F.S.
Chapter 380.0552(7).
8. The proposed FLUM amendment is consistent with the surrounding future land use
map designation of Mixed Use / Commercial (Me).
9. The proposed FLUM amendment may affect local traffic, parking and circulation, but
not significantly.
10. Most of the lot is disturbed with approximately five (5) canopy trees remaining. Most
of the understory plants have been removed and exotics exist on site. Approximately
10-15% (2,700ff - 4,660ff) of the lot is undisturbed hammock along Grouper Trail.
11. Approximately 10-15% of the lot is undisturbed hammock mostly along Grouper Trail.
12. The proposed FLUM amendment may have an effect on natural resources, but not
significantly.
13. The proposed FLUM amendment may affect public facilities, but not significantly.
BOCC Transmiual Packet
MOl Investments, LLC.
February 22, 2010
Page 7 of9
Future Land Use Map Amendment
14. The proposed FLUM amendment may affect solid waste, but not significantly.
15. The proposed FLUM amendment may affect potable water, but not significantly.
16. The proposed FLUM amendment may affect storm water, but not significantly.
17. The proposed FLUM amendment may have an effect on redevelopment and infill
potential, but not significantly.
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Boce Transmittal Packet
MOJ Investments, LLC.
The Board specifically adopts the findings of fact and conclusions of law stated
above.
The subject property located at Lots 13, 14, 15, 16, 17 and 18, Thompsons
Subdivision, Section "A", Monroe County, Florida Real Estate Number
00440100.000000, which is currently designated Residential Low (RL) shall be
designated Mixed Use / Commercial (Me) as shown on the attached maps,
which are hereby incorporated by reference and attached as Exhibits 1 and 2.
The Future Land Use 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. The repeal of an ordinance herein shall not
repeal the repealing clause of such ordinance or revive any ordinance which has
been repealed thereby.
This ordinance does not affect prosecutions for ordinance violations committed
prior to the effective date of this ordinance; does not waive any fee or penalty
due or unpaid on the effective date of this ordinance; and does not waive any fee
or penalty due or unpaid on the effective date of this ordinance; and does not
affect the validity of any bond or cash deposit posted, filed, or deposited
pursuant to the requirements of any ordinance.
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.
February 22, 2010
Page 8 of9
Future Land Use Map Amendment
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a public hearing held at a meeting on the _ day of , 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 J. Murphy
ATI'EST:
DANNYL.KOLHAGE,CLERK
DEPUTY CLERK
BOCC Transmittal Packet
MOl Investmentsi, LLC.
February 22,2010
Page 9 of9
Future Land Use Map Amendment
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The Monroe County Future land Use Map is amended
as indicated above.
Proposal: Future Land Use change for RE 00440100-000000 from Residential Low (RL) to
Mixed Use/Commerical (Me)
N
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46
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional andfair
To:
Monroe County Board of County Commissioners
Through:
Christine Hurley, AICP
Growth Management Director
Kathy Grasser, Comprehensive Planner ~ ~
February 10, 2010
From:
Date:
Subject:
Request for an Amendment to the Future Land Use Map (FL UM) for MDJ
Investments, LLC, Key Largo, Mile Marker 99.1, Real Estate Number
00440100.000000
Meeting:
February 22, 2010
I REQUEST
An application was made by MDJ Investments, LLC to amend the Future Land Use Map
(FLUM) from Residential Low (RL) to Mixed Use / Commercial (Me) on real estate number
00440100.000000.
PROPOSED RESIDENTIAL LOW
TO MIXED USE/COMMERCIAL (Me)
FLUM
Address:
Real Estate Number:
Legal Description:
99101 OVERSEAS Highway, Mile Marker 99.1, Key Largo, FL
00440100.000000
Lots 13,14, 15, 16, 17 And 18, Thompsons Subdivision, Section
"A", According To the Plat Thereof, As Recorded In Plat Book 1,
Page 147, Of The Public Records Of Monroe County, Florida
Mr. Peter Bacheler, HershoffLupino & Yagel LLP
MDJ Investments, LLC
ApplicantlPetitioner:
Property Owner:
1 :NOTE
2
3 :During a regularly scheduled public hearing held on January 27, 2010, the Monroe
4 County Planning Commission conducted a review and consideration of a request filed by
5 the Monroe County Land Steward Office to amend the Future Land Use Map (FLUM)
6 designation from Residential Low (RL) to Mixed Use I Commercial (MC) in accordance
7 with the provisions and intent of Monroe County Comprehensive Plan Policy 101.4.15.
8
9 Ffhe proposed FLUM amendment from Residential Low (RL) to Mixed Use /
10 Commercial (Me) does not guarantee future development for the parcel. Currently,
11 Growth Management does not have any pending applications for development on this
12 property. When or if, Growth Management receives an application, it will be addressed
13 at that time.
14
15 IIPROCESS
16
1 7 Amendments may be proposed by the Board of County Commissioners (BOCC), the
18 Planning Commission, the Director of Planning, or the owner or other person having a
19 contractual interest in property to be affected by a proposed amendment. The Director of
20 Planning shall review and process map amendment applications as they are received and pass
21 them on to the Development Review Committee and the Planning Commission for
22 recommendation and final action by the BOCC.
23
24 The Planning Commission shall hold at least one public hearing on a proposed FLUM
25 amendment. The Planning Commission shall review the application, the reports and
26 recommendations of the Department of Planning & Environmental Resources and the
27 Development Review Committee, and the testimony given at the public hearing, and shall
28 submit its recommendations and findings to the BOCC.
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30 The BOCC shall hold at least one public hearing on a proposed FLUM amendment. The
31 BOCC shall consider the report and recommendation of staff and the Planning Commission
32 and the testimony given at the public hearings and may either deny the FLUM application or
33 adopt a resolution transmitting the proposed FLUM amendment to the Florida Department of
34 Community Affairs. Ordinances are then reviewed by the Florida Department of Community
35 Affairs and returned to the County with objections, recommendations and comments to be
36 considered prior to adoption of the ordinance. Subsequently, within sixty (60) days an
37 adoption hearing is held by the BOCC.
MDJ Invesbncnts Ltc M29062 FLUM
ORe: October 6,2009 DRCII-09
pc: January 27, 2010 P40-09
P. 2 of 14
BaeC Transmittal: February 22, 20 I 0
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2 IDBACKGROUNDINFORMA TION
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4 .Future Land Use MaD (FLUMl Desimation
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6 :Residential Low (RL)
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8 Total Size of Parcel Proposed to be Amended
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10 0.62 Acres (27,110if)
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12 Tier Desi2nation
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14 'fier I
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16 Flood Zone
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18 X
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20 Existine: Use
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22 The 2,968 if office building is leased to an oral surgeon, a land title agency and general
23 contractors.
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25 Existine: Vee:etation I Habitat
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27 Most of the lot is disturbed with approximately five (5) canopy trees remaining. Most of
28 the understo~ plants have been removed and exotics exist on site. Approximately 10-
29 15% (2,700ft - 4,660ft2) of the lot is undisturbed hammock along Grouper Trail.
30
31 Communitv Character of Immediate Vicinity
32
33 The applicant's parcel is located at Mile Marker 99.1 on the ocean side. Parcels to the
34 east and southeast contain federal, county and privately owned lands. The Key Largo
35 Volunteer Fire Department is directly north of the subject parcel. The Key Largo Baptist
36 (~hurch is south of the subject parcel. Parcels in the U. S. 1 medium contain commercial
37 retail and some privately owned lands. Northstar Resorts owns the land across from the
38 subject property on the gulf side.
39
MOJ Investments LLC M29062 FLUM
ORe: October 6,2009 DRCII-09
PC: January 27, 2010 P40..()9
P. 3 of 14
BOCC Transmittal: February 22, 20 I 0
1
2
3 IVREVIEWOFAPPLICATION
4 A. Consistency of the proposed amendment with the provisions and intent of the Monroe
5 County Year 2010 Comprehensive Plan:
6
7 'The proposed FLUM amendment retains the community character and quality of life in
8 the area. The proposed amendment is located in a Tier I area and is adjacent to the U. s.
9 1 corridor. The proposed amendment will retain the surrounding natural resources and
10 direct future growth to this area where appropriate on the parcel. This is consistent with
11 smart growth initiatives and the provisions and intent of the Monroe County Year 2010
12 Comprehensive Plan.
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14 1. Goal 101: Monroe County shall manage future growth to enhance the quality
15 of life, ensure the safety of County residents and visitors, and protect valuable
16 natural resources.
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18 2. Obiective 101.4: Monroe County shall regulate future development and
19 redevelopment to maintain the character of the community and protect the
20 natural resources by providing for the compatible distribution of land uses
21 consistent with the designations shown on the Future Land Use Map.
22
23 3. Policy 101.4.5: The principal purpose of the Mixed Use / Commercial land
24 use category is to provide for the establishment of commercial zoning districts
25 where various types of commercial retail and office may be permitted at
26 intensities which are consistent with the community and the natural
27 environment. Employee housing and commercial apartments are also
28 permitted.
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30 The land use category is also intended to allow for the establishment of mixed
31 use development patterns, where appropriate. VariOllS types of residential and
32 non-residential uses may be permitted; however, heavy industrial uses and
K.L. VOLUNTEER FIRE
DEPARTMENT
MOl Investments LLC M29062 FLUM
ORC: October 6, 2009 ORe I 1-09
pc: January 27, 20 I 0 P40-09
P.4of14
BOCC Transmittal: February 22,2010
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similarly incompatible uses shall be prohibited. In order to protect
environmentally sensitive lands, the following development controls shall
apply to all hammocks, pinelands and disturbed wetlands within this land use
category:
1. Only low intensity commercial uses shall be allowed;
2. A maximum floor area ratio of 0.1 0 shall apply; and
3. Maximum net residential density shall be zero
4. Goal 105: Monroe County shall undertake a comprehensive land acquisition
program and smart growth initiatives in conjunction with its Livable
CommuniKeys Program in a manner that recognizes the finite capacity for
new development in the Florida Keys by providing economic and housing
opportunities for residents without compromising the biodiversity of the
natural environment and the continued ability of the natural and manmade
systems to sustain livable communities in the Florida Keys for future
generations.
5. Obiective 105.1: Monroe County shall implement smart growth initiatives in
conjunction with its Livable CommuniKeys and Land Acquisition Programs
which promote innovative and flexible development processes to preserve the
natural environment, maintain and enhance the community character and
quality of life, redevelop blighted commercial and residential areas, remove
barriers to design concepts, reduce sprawl, and direct future growth to
appropriate intill areas.
B. Consistency of the proposed amendment with the provisions and intent o/Chapter 102 of
the Monroe County Code, Land Development Regulations:
In accordance with MCC Sec. I02-158(d)(5)b., the BOCC may consider the adoption of
an ordinance enacting the proposed change based on one (1) or more of the following
factors: changed projections; changed assumptions; data errors; new issues; recognition
of a need for additional detail or comprehensiveness; and data updates. There was no
applicant response for changed projections, changed assumptions, new issues or data
updates.
APPLICANT RESPONSE:
Data errors:
Data error when zoning maps created. Building on the property has been operating
since 1958. Property has been taxed as commercial property since 1958.
Recognition of a needfor additional detail or comprehensiveness
Monroe County minutes from July 23, 1976 confirm a zoning change to BU-I.
MOJ Investments LLC M29062 FLUM
ORC: October 6, 2009 DRCII-09
PC: January 27, 2010 P40-09
P. 5 of 14
BOCC Transmittal: February 22, 20 10
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STAFF RESPONSE:
Staff finds the proposed land use district change, in accordance with MCC Sec. 102-
158(d)(5)b, consistent with subsections 'data errors' and 'recognition of a need for
additional detail or comprehensiveness '.
History of the prooerty
. The property originally
consisted of lots 11-20.
. The existing 2,968 ft2 building
was constructed in 1957.
!
I
j . I., I
~ ..!.~-- L5~ - L ~
1QO
I
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1'2 J 11
--L-_
I
4401op.OOO1
I
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· On July 23, 1976 Me Zoning
Board adopted Resolution 20-
1975 approving a zoning
change to BU-I on the property
with a special use permit
approving retail sales for
furniture and clothing only.
:Minutes from the Monroe
County Zoning Board, dated ttl 5 I 5 I i r i I i
July 23, 1976 indicate a change ~ Ii i o. 5 ~
of zoning from RU-l to BU-l ~ .
on lots 13, 14,15,16 and 17 only with special approval for furniture and clothing retail
sales. The motion carried unanimously by 3:1 with one (1) absent voter. The BU-1
zoning allowed professional services such as business services, banks, clothing stores and
other retail stores. Apartments were permitted as a principal use. Residential use,
industrial and manufacturing uses were prohibited.
50 1 I
4401 00 ~
l u;;.1
,0
· Building Permit Number C1809 was issued on August 13, 1976 for land clearing
on Blocks 13, 14, 15 and 16 on U. S. 1 and Grouper Trail.
· Building Permit Nwnber C2051 was issued on November 19, 1976 for electrical
service. The permit states 'install 3 sub feeds and 3-150 amp services - one (1)
for each store.'
· Building Permit Number CI0736 was issued on January 19, 1982 for a
commercial sign.
· In 2004, offices were leased to Florida Title, All Keys Mortgage and Kennith
Grossman TCF. In 2006 the office building was leased to Keys Center for
Microscopic Endodontics, Florida Tile of the Keys and All Keys Mortgage.
MOl Investments LLC M29062 FLUM
ORe: October 6,2009 DRCII-09
pc: January 27, 2010 P40-09
P. 6 of 14
BOCC Transmittal: February 22,2010
1 . On May 9, 2007, Lots 11, 12, 19 and 20 were split off and sold to the State of
2 Florida.
3
4 . Today, the offices are leased to an oral surgeon, a land title agency and general
5 contractor.
6
7 Like the subject parcel, properties adjacent to and north of the subject parcel are in a
8 Tier I land use designation as well as located in the Mixed Use / Commercial (Me)
9 Future Land Use Map District Staff finds the proposed land use district change, in
10 accordance with MCC Sec. 1 02-1 58(d)(5)b, consistent with subsections 'data errors'
11 and 'recognition of a need for additional detail or comprehensiveness '.
12
13 C. Goals, Strategies and Action Items from the Key Largo Livable CommuniKeys Plan that
14 directly pertain to the proposed development
15
16 STAFF RESPONSE:
17
18 One (1) of the ten (10) goals in the Key Largo Livable CommuniKeys Plan is consistent
19 with the proposed LUD amendment
20
21 Goal]: Direct future growth to lands that are most suitable for development and
22 encourage preservation of environmentally sensitive lands.
23
24 The parcel is adjacent to U. S. 1. There are two (2) parcels adjacent to and north of the
25 subject property in Tier 1 and have a future land use map designation of Mixed Use /
26 Commercial (MC). Currently, a 2,968ft2 building sits on the 27,110ft2 parceL Most of
27 the lot is disturbed with a number of large canopy trees remaining.
28
29 V IMPACT AND POLICY ANALYSIS
30
31 MCC ~ 1 02-158 maintains that amendments may not permit an adverse change in
32 community character. The character of the immediate vicinity of the subject
33 parcel includes open space, mixed use and residential. The proposed FLUM
35 amendment is not anticipated to result in an adverse co~uni!}' c~ge.
37 I SlRROUNDINO I-WURE LAN:>USEMAP DESJGNA TKNi
39 Local Use Com{latibility
41
43 The U.S. 1 corridor is in the Mixed Use / Commercial
45 (Me) FLUM designation.
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49 The future land use map designation to the east and
51 south is Residential Low (RL). The parcels to the
53 south have an Institutional (INS) future land use map
55 designation. The parcels across from U. S. 1 and the
57 U. S. 1 median are located in the Mixed Use /
59 Commercial (Me) future land use map category.
MDl Investments LLC M29062 FLUM
ORe: October 6. 2009 DRe 11-09
pc: January 27, 2010 P40-09
P. 7 of 14
BOCC Transmittal: February 22,2010
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Tier Designation
The subject property is located in
a Tier 1 designation. The
properties to the west and
northwest are located in a Tier 3
designation. There is one small
area southwest to the subject
property that is located in a SPA
designation. The properties to the
southeast and northeast are
located in a Tier 1 designation.
The Key Largo volunteer fire
station and Key Largo Resorts
are located on these two parcels.
Open Space Ratio and Densities
· Tier 1-
· Mixed Use I Commercial
- Suburban Commercial
· Residential Low
- Suburban Residential
· Tier 3:
· Mixed Use I Commercial
- Suburban Commerdal
· Institutional
· IUi.
· Resdential Medium
- Improved Subdivision
The current FLUM of Residential Low (RL) permits an open space ratio of 50%
with an allocated density per acre for dwelling units of 0.5. The maximum net
density is 5.0 dwelling units per buildable area. The subject parcel is 0.62 acres.
After the open space ratio is applied and environmental concerns are taken into
account, approximately ~ acre may be buildable.
The subject parcel does not support adequate acreage needed to build one single
family residential dwelling unit. The existing building size is 2,968ft2.
Allocated
Density
Dwelling
Unit /
Acre
Residential Low
Land Use Densi
Maximum Net Density
Dwelling Unit / Buildable
Area
With the use ofTDRs
0.25-0.50
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MDJ Investments LLC M29062 FLUM
DRe: October 6, 2009 DRCII-Q9
5.0
pc: January 27, 2010 P40-09
Floor Area Ratio
0.20-0.25
or
6,777 rr
of Commercial Floor
Area
P. 8 of 14
BOCC Transmittal: February 22~ 2010
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In the Mixed Use / Commercial (Me) future land use map district, up to six (6)
dwelling units and fifteen (15) rooms/spaces per acre, are permitted. Eighteen
(18) dwelling units and up to twenty-five (25) rooms/spaces per buildable acre are
allowed for maximum net density. The maximum floor area ratio is between 10%
and 45%. Density for maximwn net per buildable area may not be permitted and
the floor area ratio may be reduced to 10% due to the hammock located on the
subject property.
Mixed Use I Commercial
Land Use Densi
Maximum Net
Density
Dwelling Unit /
Buildable Area
with the use ofTDRs
Allocated Density
Dwelling Unit /
Acre
Floor Area
Ratio
0.10-0.45
or 12,199 if
of
Commercial
Floor Area
1-6 Dwelling Units
5-15 Rooms/Spaces
6-18 dwelling units
10-25 rooms/spaces
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Local Traffic.. Parking and Circulation
The subject parcel is located on U. S. 1 on the .
ocean side. There is adequate parking for the
three offices. Some of the undercut was removed
leaving room for parking overflow. Driving north
on U. S. 1, access to the parcel is from the south
only. However, there are cut-throughs from U. S.
1 driving south between stores and across the
median.
Under the Future Land Use Map Amendment
proposed, 0.10 - 0.45 floor area ratio is the maximum intensity permitted. One
(1) to six (6) dwelling units are the maximum permitted. Under the existing
FLUM of RL, maximum FAR is 0.20 - 0.25 and 0.25 - 0.5 dwelling units per
acre. The change represents a maximum density increase of 13 dwelling units and
5,422 ft? of commercial floor area. Therefore the traffic increase is minimal. In
addition, the 2009 US 1 Arterial Travel Time and Delay Study indicates this
segment of US 1 operates at LOS A. There are 9,406 trips remaining for future
growth.
MDJ Investments LLC M29062 FLUM
DRC: October 6, 2009 DRC 11-09
pc: January 27,2010 P40-09
P. 9 of 14
BOCC Transmittal: February 22,2010
1 Effects on Natural Resources
2
3 Goal 1 02 of the Year 2010 Comprehensive Plan states that Monroe County shall
4 direct future growth to lands which are intrinsically most suitable for development
5 and shall encourage conservation and protection of environmentally sensitive
6 lands. Future development would be required to comply with all Monroe County
7 Code, State and Federal environmental regulations.
8
9 Most of the lot is disturbed with approximately five (5) canopy trees remaining.
10 Most of the understory plants have been removed and exotics exist on site.
11 Approximately 10-15% (2,700ff - 4,660ft2) of the lot is undisturbed hammock
12 along Grouper Trail.
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14 Effects on Public Facilities
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16 Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan requires
1 7 the County to direct future growth away from environmentally sensitive land and
18 towards established development areas served by existing public facilities. The
19 proposed FLUM amendment will not affect Objective 101.11 and will encourage
20 development to remain on disturbed lands rather than encroaching on
21 environmentally sensitive areas. The proposed FLUM amendment may affect
22 public facilities, but not significantly.
23
24 Solid Waste (Comprehensive Plan Policy 801.1.1)
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26 Monroe County has a solid waste haul out contract with Waste Management Inc.,
27 which authorizes the use of in-state facilities through September 20, 2016.
28
29 Maximum Residential = 2 X 2.1 (household size in people) = 4.2; 4.2 X 5.33
30 pounds per capita per day = 22.84 pounds per day
31
32 Maximum Nonresidential = 12.2 pounds per day per equivalent residential unit X
33 0.62 acres = 7.56 pounds per day
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35 TOTAL = 22.84 + 7.56 = 30.40 pounds per day
36
37 The proposed land use map (LUD) amendment may affect solid waste, but not
38 significantly.
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40 Potable Water
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42 In March 2008, South Florida Water Management District (SFWMD) approved
43 the FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from
44 the Biscayne and Floridian Aquifers. The WUP provides an annual allocation of
45 8,751 Million Gallons (MG) or 23.98 MGD and a maximum monthly allocation
46 of 809 MG with a limited annual withdrawal from the Biscayne Aquifer of 6,492
MDJ InveSbnents LLC M29062 FLUM
DRC: October 6,2009 DRCII-09
pc: January 27,2010 P40-09
P. 10 of 14
BOCC Transmittal: February 22, 2010
1 MG or 17.79 MGD and an average dry season (December 1st-April 30th) of 17.0
2 MGD. The overall level of service for potable water is 132 gallons per
3 capita/per/day.
4
5 Stornavvater
6
7 MCC Section 114-3, titled 'Surface Water Management Criteria " establishes
8 guidelines and criteria for the safe management and disposal of stormwater runoff
9 from developed areas that will minimize or eliminate any resultant adverse
10 impacts on the surface water, groundwater, and other natural resources of the
11 county. Any change in the use of the property must comply with State and Federal
12 regulations as well as the Monroe County Code, the Monroe County
13 Comprehensive Plan and the Livable CommuniKeys Plans.
14
15 Wastewater
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17 Currently, any permitted or replacement on-site or wastewater treatment facility
18 with a design flow of less than or equal to 100,000 gpd within the County must
19 comply with the 10/10/10/1 Best Available Technology (BAT) standard, as well
20 as require approval from the Monroe County Health Department and / or the
21 Department of Environmental Protection. Any proposed development associated
22 with the proposed amendment will be subject to this provision or will be
23 mandated to hook up to the central sewer system when it is available. The level
24 of service (LOS) for residential and nonresidential flow is 145 gallons per day per
25 equivalent dwelling units (Exhibit 3-8 Sanitary Wastewater Master Plan 2000)
26
27 The proposed FLUM is not anticipated to adversely impact the wastewater supply
28 LOS.
29
30 Education
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32 All public schools are under the purview of Monroe County Board of Education
33 including all capital expenditures relating to facilities improvements or additional
34 development of education facilities. Per the 2008 Monroe County Public
35 Facilities Capacity Assessment Report, the Monroe County requirements are that
36 classroom capacity be "adequate" to accommodate the school-age children
37 generated by proposed land development. The School Board uses recommended
38 capacities provided by the Florida Department of Education to determine each
39 school's capacity. All schools have adequate reserve capacity to accommodate
40 the impacts of the additional land development activities projected for the next
41 school year.
42
MOJ Investments LLC M29062 FLUM
DRe: October 6, 2009 DRCII-09
pc: January 27,2010 P40-09
P. 11 of 14
BOCC Transmittal: February 22, 2010
1 Parks and Recreation / Open Soace
2
3 The County has adopted an overall level of service, pursuant to Comprehensive
4 Plan Policy 1201.1.1, for resourced-based and activity-based recreation and open
5 space of 0.82 acres of per 1,000 persons (functional population). Using the
6 functional population projection for 2007 of 70,432 persons in unincorporated
7 Monroe County, and the LOS standard of 0.82 acres per 1,000 persons, the
8 demand for resource-based recreation areas is approximately 57.75 acres. The
9 county currently has enough resource- and activity- based lands with reserve
10 capacity of 40.21 acres and 49.93 acres, respectively, to meet the level of service.
11
12 Effects on Redevelopment/lntill Potential
13
14 Sheet 267 of the 1985 Habitat Maps shows the subject parcel as disturbed (740).
15 The habitat Aerial photograph shows at least five (5) canopy trees remaining after
16 the permitted clearing in 1976. No hammock was located on the property at that
17 time. Currently, canopy trees are still present and undisturbed hammock is found
18 along Grouper Trail. If an application for a development permit was pursued on
19 this parcel, a site visit to the property would be mandatory for additional analysis.
20 Federal, State and County regulations shall be followed, particularly MC Code
21 Section 118-9( a-c) on open space requirements.
22
23 MC Code Section 118-9( c) states: "Site baseline conditions. The legal conditions
24 of land existing as of February 28, 1986, and as depicted on the December
25 1985 Habitat Classification Aerial Photographs, shall be used as a baseline to
26 determine the clearing that may be permitted on a site. The 1985 maps shall be
27 supplemented by recent aerial photography and existing site analysis to determine
28 any increases in the amount of upland native vegetated areas. Upland native
29 vegetated areas cleared between 1986 and the time of permit application shall be
30 considered to still include upland native vegetation for purposes of determining
31 the amount of open space and clearing permitted."
32
33 D. Consistency with the Principles for Guiding Development in the Florida Keys Area of
34 Critical State Concern pursuant to F.S. Chapter 380.0552(7)
35
36 For the purposes of reviewing consistency of the adopted plan or any amendments to that
37 plan with the principles for guiding development and any amendments to the principles,
38 the principles shall be construed as a whole and no specific provision shall be construed
39 or applied in isolation from the other provisions.
40 (a). To strengthen local government capabilities for managing land use and
41 development so that local government is able to achieve these objectives
42 without the continuation of the area of critical state concern designation.
43 (b). To protect shoreline and marine resources, including mangroves, coral
44 reef formations, seagrass beds, wetlands, fish and wildlife, and their
45 habitat.
MOl Investments LLC M29062 FLUM
DRe: October 6, 2009 ORe 11-09
PC: January 27, 2010 P40-09
P. 12 of 14
BaeC Transmittal: February 2272010
1 (c). To protect upland resources, tropical biological communities, freshwater
2 wetlands, native tropical vegetation (for example, hardwood hammocks
3 and pinelands), dune ridges and beaches, wildlife, and their habitat.
4 (d). To ensure the maximum well-being of the Florida Keys and its citizens
5 through sound economic development.
6 (e). To limit the adverse impacts of development on the quality of water
7 throughout the Florida Keys.
8 (f). To enhance natural scenic resources, promote the aesthetic benefits of the
9 natural environment, and ensure that development is compatible with the
10 unique historic character of the Florida Keys.
11 (g). To protect the historical heritage of the Florida Keys.
12 (h). To protect the value, efficiency, cost-effectiveness, and amortized life of
13 existing and proposed major public investments, including:
14 1. The Florida Keys Aqueduct and water supply facilities;
15 2. Sewage collection and disposal facilities;
16 3. Solid waste collection and disposal facilities;
17 4. Key West Naval Air Station and other military facilities;
18 5. Transportation facilities;
19 6. Federal parks, wildlife refuges, and marine sanctuaries;
20 7. State parks, recreation facilities, aquatic preserves, and other
21 publicly owned properties;
22 8. City electric service and the Florida Keys Electric Co-op; and
23 9. Other utilities, as appropriate.
24 (i). To limit the adverse impacts of public investments on the environmental
25 resources of the Florida Keys.
26 G). To make available adequate affordable housing for all sectors of the
27 population of the Florida Keys.
28 (k). To provide adequate alternatives for the protection of public safety and
29 welfare in the event of a natural or manmade disaster and for a post
30 disaster reconstruction plan.
31 (1). To protect the public health, safety, and welfare of the citizens of the
32 Florida Keys and maintain the Florida Keys as a unique Florida resource.
33
34 STAFF RESPONSE:
35
36 Most of the lot is disturbed with approximately five (5) canopy trees remaining.
37 Most of the understory plants have been removed and exotics exist on site.
38 Approximately 10-15% (2,700rr - 4,660rr) of the lot is undisturbed hammock
39 along Grouper Trail.
40
MOJ Invesbnents LLC M29062 FLUM
ORe: October 6, 2009 DRe 11-09
PC: January 27, 2010 P40-09
P. 13 of 14
BOCC Transmittal: February 22, 20 I 0
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While the property is designated Tier 1, the site conditions are not reflective of
the unique habitat indicative of Tier 1 criteria and therefore staff does not
recommend preservation.
The subject parcel contains one (1) 2,968ft2 building. The building has been in
existence since 1958. The office tenants (title agency, dentist and general
contractor) are compatible uses for the neighborhood. The site is land locked.
The supply of water and electric to the building is adequate. Section 114-3,
'Surface Water Management Criteria', establishes guidelines and criteria for
stormwater management. The site is not in the AICUZ zone. It is located in Key
Largo on U. S. 1. The site is approximately five (5) miles from Pennekamp State
Park. The parcels adjacent to the subject parcels are owned by the county and
state.
RECOMMENDATION
Staff recommends APPROVAL.
MOJ Investments LLC M29062 FLUM
ORC: October 6,2009 DRCII-09
PC: January 27,2010 P40-09
P. 14 of 14
BOCC Transmittal: February 22.2010
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION P40-09
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
OF THE BOARD OF COUNTY COM1vfiSSIONERS OF MONROE
COUNTY, FLORIDA AMENDING THE FUTIJRE LAND USE
DISTRICT MAP FROM RESIDENTIAL LOW (RL) TO MIXED USE /
COMMERCIAL (MC) IN ACCORDANCE WITH POLICY 101.4.5 OF
THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN,
REQUESTED BY MDJ INVESTMENTS, LLC FOR PROPERTY
LEGALL Y DESCRIBED AS THOMPSON'S SUBDIVISION, KEY
LARGO, PBl-147 LOTS 13-18, MONROE COUNTY, FLORIDA,
HA VINO REAL ESTATE NUMBER 00440100.000000
WHEREAS, during a regularly scheduled public hearing held on January 27, 2010, the
Monroe County Planning Conunission conducted a review and consideration of a request by
MDJ Investments, LLC for a FLUM amendment in accordance with the provisions and intent of
Monroe County Comprehensive Plan Policy 101.4.5; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the
Development Review Conunittee of Monroe County conducted a review and consideration of a
request by MDl Investments, LLC for a FLUM amendment in accordance with the provisions
and intent of Monroe County Comprehensive Plan Policy 101.4.5;
WHEREAS, the subject property is located at Mile Marker 99.1, Key Largo, Florida and
is legally described as Thompson's Subdivision, Key Largo, PBI-147 Lots 13-18, Monroe
County, Florida having real estate number 00440100.000000;
WHEREAS, in the future land use map amendment application to the Planning &
Environmental Resources Department, received May 29, 2009, the agent requested that the
Future Land Use Map (FLUM) designation of one (1) parcel identified as Real Estate Nwnber
00440100.0??oo0 be amended from Residential Low (RL) to Mixed Use I Commercial (MC);
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact and Conclusion of Law:
MDJ Investments LLC M29062 FLUM
ORe: October 6, 2009 DRCII-09
PC: January 27, 2010 P40-09
P. lof3
Dace: Transmittal February 2010
1. The proposed FLUM amendment is consistent with the provisions and intent of
the Monroe County Year 2010 Comprehensive Plan Goal 101, Objective 101.4,
Policy 101.4.5 and Goal 105.
2. The proposed FLUM amendment is consistent with the provisions and intent of
Chapter 102 of the Monroe County Code, Land Development Regulations
particularly 'data errors' and 'recognition of a need for additional detail or
comprehensiveness' ;
3. On July 23, 1976, the Me Zoning Board adopted Resolution 20-1975 approving a
zoning change to BU-I on the property with a special use permit approving retail
sales for furniture and clothing only;
4. Building Permit Number C1809 was issued on August 13, 1976 for land clearing
on Blocks 13, 14, 15 and 16 on U. S. I and Grouper Trail;
5. Like the subject parcel, properties adjacent to and north of the subject parcel are
in a Tier I land use designation as well as the Mixed Use I Commercial (MC)
Future Land Use Map District;
6. The proposed FLUM amendment is consistent with the Goals, Strategies and
Action Items from the Key Largo Livable CommuniKeys Plan, particularly Goal
1;
7. The proposed FLUM amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern pursuant to F.S.
Chapter 380.0552(7);
8. The proposed FLUM amendment is consistent with the surrounding future land
use map designation of Mixed Use / Commercial (MC);
9. The proposed FLUM amendment may affect local traffic, parking and circulation,
but not significantly;
10. Most of the lot is disturbed with a number of large canopy trees remaining and
most of the understory plants have been removed and have been replaced with
exotics;
11. Approximately 10-15% of the lot is undisturbed hammock mostly along Grouper
Trail;
12. The proposed FLUM amendment may have an effect on natural resources, but not
significantly;
13. The proposed FLUM amendment may affect public facilities, but not
significantly;
MOl Investments lLC M29062 PLUM
DRe: October 6~ 2009 DRCII-09
PC: January 27,2010 P40-09
P. 2 of3
BOCC: Transmittal February 2010
14. The proposed FLUM amendment may affect solid waste, but not significantly;
15. The proposed FLUM amendment may affect potable water, but not significantly;
16. The proposed FLUM amendment may affect storm. water, but not significantly;
17. The proposed FLUM amendment may have an effect on redevelopment and infill
potential, but not significantly.
WHEREAS, the Planning & Environmental Resources Department Staff has found that
all of the required standards are met and recommends approval of the application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on January 27, 2010 and based on the facts presented at the meeting, the Planning
Commission recommended approval of the request;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to RECOMMEND APPROVAL to the Board of County
Commissioners of a request by MDJ Investments, LLC to amend the Future Land Use Map
(FLUM) from Residential Low (RL) to Mixed Use / Commercial (Me).
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 27th day of January, 2010.
Chair Wall
Vice-Chair Cameron
Commissioner Hale
Commissioner Lustberg
Commissioner Werling
..ha...
.xu..
..IY..
Yes
..IcIL
BY
Y, FLORIDA '..,. "'-~"':-:"; "'-~~~~~""~~)'o.<~
Signed this
27
day of
TJ:I'ftl1l1ry
MOJ Investments LLC M29062 FLUM
DRe: October 6. 2009 DRCI1-Q9
PC: January 27, 2010 P40-09
P. 30f3
BOCC: Transmittal February 2010
003
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
DIe".
Meeting Date: February 22_ 2010
Division:
Growth Manaiement Division
Bulk Item: Yes
No-L
Department: Planning & Environmental Resources Dept.
Staff Contact PersonIPhone #: Christine Hurley_ AICP
Growth Management Director
(305) 289-2500
AGENDA ITEM WORDING:
A public hearing tosonsider an ordinance of the Board of County Commissioners, amending the land use district
designation from Suburban ReSIdential (SR) to Suburban Commercial (Se) for property legally described as
Lots 13, 14, ]5, 16, 17 and 18, Thompsons Subdivision, Section "A", according to the plat thereof, as recorded in
Plat Book 1, Page 147, of the Public Records of Monroe County, Florida, having Real Estate Number
00440100.000000 located at 99101 Overseas Highway, Key Largo, approximate Mile Marker 99.1, at the
Request ofMDJ Investments, LLC.
ITEM BACKGROUND:
During a regularly scheduled public meeting concerning the subject property held on January 27, 2010, the
Planning Commission conducted a public hearing and approved Resolution P41-09 recommending approval to
the Board of County Commissioners to amend the current Land Use Map district designation from Suburban
Residential (SR) to Suburban Commercial (SC)
PREVIOUS RELEVANT BOCC ACTION:
On February 22, 2010, during a special public meeting, the Board of County Commissioners held a public
hearing to considered the transmittal of an ordinance to the Florida Department of Community Affairs for
review and comment of a proposed future land use map amendment, amending the Future Land Use Map
designation from Residential Low (RL) to Mixed Use / Commercial (MC) for the same property.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST:_INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes _No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING:
Yes _ No _ AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty L OMB/Purchasing _ Risk Management_
DOCUMENTATION: Included -L NotRequired_
DISPOSITION:
AGENDA ITEM #
B.~
BOCC Packet
MOl Invesbnents, LLC.
February 22,2010
Page lof6
Current Land Use Map Amendment
BOCC LAND USE DISTRICT ORDINANCE
BOCC Packet
MOJ Investments, LLC.
February 22, 20 10
Page 2 of6
Current Land Use Map Amendment
ORDINANCE
-2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING THE LAND USE DISTRICT
DESIGNATION FROM SUBURBAN RESIDENTIAL (SR) TO SUBURBAN
COMMERCIAL (SC) FOR PROPERTY LEGALLY DESCRIBED AS LOTS
13, 14, 15, 16, 17 AND 18, THOMPSONS SUBDIVISION, SECTION "A",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
1, PAGE 147, OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBER 00440100.000000
LOCATED AT 99101 OVERSEAS HIGHWAY, KEY LARGO,
APPROXIMATE MILE MARKER 99.1
WHEREAS, the subject property is legally described as Lots 13, 14, 15, 16, 17 and 18,
Thompsons Subdivision, Section "A", according to the plat thereof, as recorded in Plat Book 1, Page
147, of the Public Records of Monroe County, Florida, having Real Estate Number 00440100.000000
located at 99101 Overseas Highway, Key Largo, approximate Mile Marker 99.1, at the Request ofMDJ
Investments, LLC.; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the Development
Review Committee of Monroe County conducted a review and consideration of a request by MOJ
Investments, LLC for a land use district map amendment; and
WHEREAS, during a regularly scheduled public meeting concerning the subject property held
on January 27, 2010, the Planning Commission conducted a public hearing and approved Resolution
P41-09 recommending approval to the Board of County Commissioners to amend the current Land
Use Map from Suburban Residential (SR) to Suburban Commercial (SC); and
WHEREAS, during a special public meeting conducted on February 22, 2010, the Monroe
County Board of County Commissioners conducted a public hearing to consider a request by MOJ
Investments, LLC, to transmit an ordinance to the Department of Community Affairs amending the
Future Land Use Map for real estate number 00440100.000000 from Residential Low (RL) to Mixed
Use / Commercial (Me) which transmittal was approved; and
BOCC Packet
MDl Investments, LLC.
February 22,2010
Page 3 of6
Current Land Use Map Amendment
WHEREAS, during a special public meeting conducted on February 22, 2010, the Monroe
County Board of County Commissioners conducted a public hearing to consider a request by MOJ
Investments, LLC, to amend the current land use district designation for the subject property from
Suburban Residential (SR) to Suburban Commercial (SC); and
WHEREAS, this Land Use District designation amendment will not become effective until a
notice is issued by the Department of Community Mfairs or the Administration Commission
approving the corresponding Future Land Use Map amendment, a notice is issued by the DCA
approving this ordinance and until all appeal periods are exhausted; and
WHEREAS, based upon the information and documentation submitted, the Board of County
Commissioners makes the following Findings of Fact and Conclusion of Law:
1. The proposed LUD amendment is consistent with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan Goal 101 and Goal IOS.
2. The proposed FLUM amendments are consistent with Sec. 102-158(d)(5)b.5. and Sec. 102-
158(d)(5)b.6. of the Monroe County Land Development Regulations, particularly
concerning 'data errors' and 'recognition of a need for additional detail or
comprehensiveness' .
3. On July 23, 1976, the Me Zoning Board adopted Resolution 20-1975 approving a zoning
change to BU-l on the property with a special use permit approving retail sales for furniture
and clothing only.
4. Building Permit Nwnber C1809 was issued on August 13, 1976 for land clearing on Blocks
13, 14, 15 and 16 on U. S. 1 and Grouper Trail.
5. Properties adjacent to the subject property to the south and west are Tier 1. Properties to
the north of the subject parcel are in a Tier 3 and a small portion to the north is Tier 1. The
land use designation to the north is Mixed Use / Commercial (Me) Future Land Use Map
District.
6. The proposed LUD amendment is consistent with the Goals, Strategies and Action Items
from the Key Largo Livable CommuniKeys Plan, particularly Goal 1.
7. The proposed LUD amendment is consistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern pursuant to F .S. Sec. 380.0552(7).
8. The proposed LUD amendment is consistent with the surrounding land use district
designation of Sub Urban / Commercial (SC).
9. The proposed LUD amendment may affect local traffic, parking and circulation, but not
significantly. Most of the lot is disturbed with a number of large canopy trees remaining
and most of the understory plants have been removed and have been replaced with exotics.
BOCC Packet
MOl Investments, LLC.
February 22, 2010
Page 4 of6
Current Land Use Map Amendment
10. Most of the lot is disturbed with approximately five (5) canopy trees remaining. Most of
the understory plants have been removed and exotics exist on site. Approximately 10-15%
(2,700:tt2 - 4,660:tt2) of the lot is undisturbed hammock along Grouper Trail.
11. The proposed LUD amendment may have an effect on natural resources, but not
significantly.
12. The proposed LUD amendment may affect public facilities, but not significantly.
13. The proposed LUD amendment may affect solid waste, but not significantly.
14. The proposed LUD amendment may affect potable water, but not significantly.
15. The proposed LUD amendment may affect storm water, but not significantly.
16. The proposed LUD amendment may have an effect on redevelopment and intill potential.
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Dace Packet
MOJ Investments, LLC.
The Board specifically adopts the findings of fact and conclusions of law stated
above.
The subject property located at Lots 13, 14, 15, 16, 17 and 18, Thompsons
Subdivision, Section "A", Monroe County, Florida Real Estate Nwnber
00440100.000000, which is currently designated Suburban Residential (SR)
shall be designated Suburban Commercial (SC) as shovm on the attached maps,
which are hereby incorporated by reference and attached as Exhibits 1 and 2.
The cwrent Land Use Map of the Monroe COWlty Year 2010 Comprehensive
Plan shall be amended as delineated in Section 2 above.
This Land Use District designation amendment will not become effective until a
notice is issued by the Department of Community Affairs or the Administration
Commission approving the corresponding Future Land Use Map amendment, a
notice is issued by the DCA approving this ordinance and until all appeal
periods are exhausted.
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.
February 22, 2010
Page 5 of6
Current Land Use Map Amendment
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 approving the
ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting conducted on the 22nd day of February A.D., 2010.
Mayor Sylvia J. Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor Sylvia J. Murphy
ATTEST:
DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
BOCC Packet
MOl Investments, LLC.
Febnwy 22, 2010
Page 6of6
Current Land Use Map Amendment
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I Exhibit 1 to Ordinance#
-2010 I
The Monroe County Existing Land Use Map is amended
as indicated above.
Proposal: Existing Land Use change for RE 00440100..QOOOOO
from Suburban Residential (SR) to Suburban Commerical (Se)
N
A
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional andfair
To:
Monroe County Board of County Commissioners
Through:
Christine Hurley, AICP
Growth Management Director
Kathy Grasser, Comprehensive Plaonert ~
February 10, 2010
From:
Date:
Subject:
Request for an Amendment to the Land Use District (LUD) Map for MDJ
Investments, LLC, Key Largo, Mile Marker 99.1, Real Estate Number
00440100.000000
Meeting:
February 22, 2010
I REQUEST
An application was made by MOJ Investments, LLC to amend the current Land Use District
(LUD) designation from Suburban Residential (SR) to Suburban Commercial (SC) on real estate
number 00440100.000000.
PROPOSED
SUBURBAN
RESIDENTIAL
(SC) TO
SUBURBAN
r'n"O.4""P'DrT ^ ,
Address:
Real Estate Number:
Legal Description:
99101 Overseas Highway, Mile Marker 99.1, Key Largo, FL
00440100.000000
Lots 13, 14, 15, 16, 17 And 18, Thompsons Subdivision, Section "A",
According To The Plat Thereof, As Recorded In Plat Book 1, Page
147, Of The Public Records Of Monroe County, Florida
Mr. Peter Bacheler, HershoffLupino & Yagel LLP
MOl Investments, LLC
ApplicantlPetitioner:
Property Owner:
NOTE
1 The commercial structure, in the existing Sub Urban Residential (SR) land use district, on the
2 subject parcel is nonconforming to the current code. By amending the land use district to
3 Sub Urban Commercial (SC) this structure would be made conforming by the amendment.
4 However" it would then be deemed to have a conditional use permit as that size/type of
5 development in the SC district requires such.
6
7 The proposed LUn amendment from Sub Urban Residential (SR) to Sub Urban Commercial
8 (SC) does not guarantee future development for the parcel. Currently, Growth Management
9 does not have any pending applications for development on this property. When or if,
10 Growth Management receives an application, it will be addressed at that time.
11
12 n PROCESS
13
14 Amendments may be proposed by the Board of County Commissioners (BOCC), the
15 Planning Commission, the Director of Planning, or the owner or other person having a
16 contractual interest in property to be affected by a proposed amendment. The Director of
1 7 Planning shall review and process map amendment applications as they are received and pass
18 them on to the Development Review Committee and the Planning Commission for
19 recommendation and final action by the BOCC.
20
21 The Planning Commission shall hold at least one public hearing on a proposed LUD
22 amendment. The Planning Commission shall review the application, the reports and
23 recommendations of the Department of Planning & Environmental Resources and the
24 Development Review Committee, and the testimony given at the public hearing, and shall
25 submit its recommendations and findings to the BOCC.
26
27 The BOCC shall hold at least one public hearing on a proposed LUD amendment. The
28 Haec shall consider the report and recommendation of staff and the Planning Commission
29 and the testimony given at the public hearings and may either deny or adopt the LUD
30 application. Because the FLUM change was proposed at the same time, the LUD amendment
31 will not become effective until the FLUM change is adopted later by the BOCC, approved by
32 the DCA and all appeal periods are exhausted.
33
34 m-BACKGROUNDINFORMATION
35
36 Future Land Use MaD lFLUM) Desienation
37
38 Residential Low (RL)
39 The applicant is proposing to change the FLUM designation from Residential Low (RL) to
40 Mixed Use / Commercial (MC).
41
42 Total Size of Parcel ProDosed to be Amended
43
44 0.62 Acres (27,1 lOW)
45
46 Tier Desil!oation
47
48 Tier I
MOJ Investments LLC M29062 LUD
DRe: October 6,2009 DRCl1-09
pc: January 27,2010 P41-09
P. 2 of 15
BOCC: February 22, 2010
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Flood Zone
x
Existine Use
The 2,968 ff office building is leased to an oral surgeon, a land title agency and general
contractors.
Existinf! Ve2etation I Habitat
Most of the lot is disturbed with approximately five (5) canopy trees remaining. Most of the
understory plants have been removed and exotics exist on site. Approximately 10-15%
(2,700ff - 4,660ft2) of the lot is undisturbed hammock along Grouper Trail.
Community Character of Immediate Vicinitv
The applicant's parcel is located at Mile Marker 99.1 on the ocean side. Parcels to the east
and southeast contain federal, county and privately owned lands. The Key Largo Volunteer
Fire Department is directly north of the subject parcel. The Key Largo Baptist Church is
south of the subject parcel. Parcels in the U. S. 1 medium contain commercial retail and some
privately owned lands. Northstar Resorts owns the land across from the subject property on
the gulf side.
25
26
27 IVREVIEWOFAPPLICATION
28
29 A. Consistency of the proposed amendment with the provisions and intent of the Monroe County
30 Year 2010 Comprehensive Plan:
31
32 The proposed LUD amendment retains the community character and quality of life in the
33 area. The proposed amendment is located in a Tier I area and is adjacent to the U. S. 1
34 corridor. The proposed amendment will retain the surrounding natural resources and direct
K_L. VOLUNTEER FIRE
DEPARTMENT
MDJ Invesbnents LLC M29062 LUD
DRe: October 6,2009 DRCII-09
pc: January 27,2010 P41-09
P.3of15
BOCC: February 22, 2010
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future growth to this area where appropriate on the parcel. This is consistent with smart
growth initiatives. The proposed Lun amendment is consistent with the following
provisions and intent of the Monroe County Year 2010 Comprehensive Plan.
1. Goal 101: Monroe County shall manage future growth to enhance the quality of life,
ensure the safety of County residents and visitors, and protect valuable natural
resources.
2. Obiective 101.4: Monroe County shall regulate future development and
redevelopment to maintain the character of the community and protect the natural
resources by providing for the compatible distribution of land uses consistent with
the designations shown on the Future Land Use Map.
3. Goal 105: Monroe County shall undertake a comprehensive land acquisition program
and smart growth initiatives in conjunction with its Livable CommuniKeys
Program in a manner that recognizes the finite capacity for new development in
the Florida Keys by providing economic and housing opportunities for residents
without compromising the biodiversity of the natural environment and the
continued ability of the natural and manmade systems to sustain livable
communities in the Florida Keys for future generations.
4. Objective 105.1: Monroe County shall implement smart growth initiatives in
conjunction with its Livable CommuniKeys and Land Acquisition Programs which
promote innovative and flexible development processes to preserve the natural
environment, maintain and enhance the community character and quality of life,
redevelop blighted commercial and residential areas, remove barriers to design
concepts, reduce sprawl, and direct future growth to appropriate infill areas.
B. Consistency of the proposed amendment with the provisions and intent of Chapter 102 of the
Monroe County CodeJ Land Development Regulations:
The proposed LUD amendment is consistent with the provisions and intent of the Monroe
County Code, Sec. 130-43 purpose of the Sub Urban Commercial district (SC):
1. The purpose of the SC district is to establish areas for commercial uses designed
and intended primarily to serve the needs of the immediate planning area in which
they are located. This district should be established at locations convenient and
accessible to residential areas without use of U.S. I.
In accordance with MCC Sec. 102-158(d)(5)b., the BOCC may consider the adoption of an
ordinance enacting the proposed change based on one (1) or more of the following factors:
changed projections; changed assumptions: data errors; new issues; recognition of a need
for additional detail or comprehensiveness; and data updates. There was no applicant
response for changed projectionsJ changed assumptions, new issues or data updates.
MOJ Investments LLC M29062 LUO
ORC: October 6~ 2009 DRe 11-09
PC: January 27,2010 P41-09
P. 4 of 15
BOCC: February 22, 20 10
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APPLICANT RESPONSE:
Data errors:
Data error when zoning maps created. Building on the property has been operating
since 1958. Property has been taxed as commercial property since 1958.
Recognition of a need for additional detail or comprehensiveness
Monroe County minutes from July 23, 1976 confirm a zoning change to BU-l.
STAFF RESPONSE:
History of the property
. The property originally consisted of lots 11-20.
The existing 2,968 ft2 building was
constructed in 1957.
.
.
On July 23, 1976 MC Zoning Board
adopted Resolution 20-1975 approving a
zoning change to BU-I on the property
with a special use permit approving retail
sales for furniture and clothing only.
Minutes from the Monroe County Zoning
Board, dated July 23, 1976 indicate a
change of zoning from RU-I to BU-I on
lots 13, 14, 15, 16 and 17 only with
special approval for furniture and
clothing retail sales. The motion carried
unanimously by 3:1 with one (1) absent
voter. The BU-I zoning allowed
professional services such as business
services, banks, clothing stores and other retail stores. Apartments were permitted as a
principal use. Residential use, industrial and manufacturing uses were prohibited.
.~.(y)
I
I
~_~~I-
I
4401op.0001
I
I
· Building Permit Number C1809 was issued on August 13, ]976 for land clearing on
Blocks 13,14, 15 and 16onU.S.1 and Grouper Trail.
· Building Permit Number C2051 was issued on November 19, 1976 for electrical
service. The permit states 'install 3 sub feeds and 3-150 amp services - one (I) for
each store.'
· Building Permit Number CI0736 was issued on January 19, 1982 for a commercial
sign.
· In 2004, offices were leased to Florida Title, All Keys Mortgage and Kennith
Grossman TCF. In 2006 the office building was leased to Keys Center for
Microscopic Endodontics, Florida Tile of the Keys and All Keys Mortgage.
MDJ Investments LLC M29062 LUD
DRe: October 6, 2009 ORC 11-09
pc: January 27,2010 P41-09
P. S of 15
Bace: February 22, 2010
1 . On May 9, 2007, Lots 11, 12, 19 and 20 were split off and sold to the State of
2 Florida.
3
4 . Today, the offices are leased to an oral surgeon, a land title agency and general
5 contractor.
6
7 Like the subject parcel, properties adjacent to and north of the subject parcel are in a Tier I
8 land use designation as well as located in the Suburban Commercial (SC) Land Use District
9 designation. Staff finds the proposed land use district change, in accordance with MCC Sec.
10 102-158(d)(5)b, consistent with subsections rdata errors' and 'recognition of a need for
11 additional detail or comprehensiveness '.
12
13 C. Goals, Strategies and Action Items from the Key Largo Livable CommuniKeys Plan that
14 directly pertain to the proposed development
15
16 STAFF RESPONSE:
17
18 One (1) of the ten (10) goals in the Key Largo Livable CommuniKeys Plan is consistent with
19 the proposed LUD amendment.
20
21 Goal 1: Direct future growth to lands that are most suitable for development and
22 encourage preservation of environmentally sensitive lands.
23
24 The parcel is adjacent to U. S. 1. There are two (2) parcels adjacent to and north of the
25 subject property in Tier 1 and have a land use district designation of Sub Urban
26 Commercial (SC). Currently, a 2,968W building sits on the 27,1 ] OW parcel. Most of the
27 lot is disturbed with a number of large canopy trees remaining.
28
30 Impact on Community Character:
32
34 MCC 9102-158 maintains that amendments
36 may not permit an adverse change in
38 community character. The character of the
40 immediate vicinity includes open space, mixed
42 use and residential.
44
46 Local Use Compatibility
48
50 The property is in an established area
52 for commercial uses designed and
54 intended to serve the needs of the
56 immediate planning area.. Three streets
58 border the parcel. Grouper Trail is
60 located adjacent to and north of the
62 parcel. Sailfish Trail is adjacent to and
64 south of the parcel. U. S. 1 is adjacent to and west of
65 parcel.
66
MOl Investments LLC M29062 LUD
DRC: October 6, 2009 DRCII..09
pc: January 27,2010 P41-09
P.60f15
BOCC: February 22,2010
1 Density and Intensity
2
3 Institutional and recreational rentals include recreational vehicle or campground
4 spaces. These are considered transient uses. Transient uses are defined as a hotel or
5 motel room, seasonal residential unit, or space for parking a recreational vehicle or
6 travel trailer. Currently, there is a moratorium on transient uses. In July 2009,
7 Monroe County amended and transmitted to DCA, Comprehensive Plan Policy
8 101.2.6 extending the moratorium on transient units. The BOCC will consider the
9 adoption of this policy in November 2009.
10
11 The policy states "Monroe County shall adopt Land Development Regulations which
12 prohibit new transient residential units including hotel or motel rooms, campground
13 spaces, or spaces for parking a recreational vehicle or travel trailer until July 31,
14 2010.
15
16 Maximum Residential Densities in SR (Allocated) - See 130-157
17
18
19
20
21 Maximum Residential Densities in SR (Maximum Net Density) -.See 130-157
22
Permanent 5 unitsl 0.50 0.62 acres
Residential buildable acre (0.31
(market-rate ) buildable
acres
Permanent 5 units/ 0.50 0.62 acres
Residential buildable acre (0.3 1
(affordable) buildable
1.55 units
1 unit
1.55 units
2 units
acres
23 NOTE: Net buildable area means that portion of a parcel of land that is developable and is not
24 open space required by sec. 130-157 or required minimum bufferyard under chapter 114, article
25 V or required setbacks under sec. 130-186.
26 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no
27 development shall exceed the total density limits.
28 NOTE: The maximum net residential density allowed per district shaH not require transferable
29 development rights (TDR) for affordable and employee housing and market rate housing
30 developed in accordance with sec. 130-161(a)(8).
31
MOl Investments LLC M29062 LUD
DRC: October 6, 2009 ORC 11-09
pc: January 27, 20 I 0 P41-09
P. 7 of 15
BOCC: February 22, 2010
1 Maximum Hotel-Motel, RV & Institutional Residential Densities in SR (Allocated) - See 130-
2 162
3
Institutional 3 units/acre 1.86 units 1 unit
Residential
Hotel 5 units/acre 0.62 acres 3.10 units 3 units
Recreational Rental 5 s aces/acre 0.62 acres 3.10 s aces 3 s aces
4 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no
5 development shall exceed the total density limits.
6
7 Maximum Hotel-Motel, RV & Institutional Residential Densities in SR (Maximum Net
8 Density) - See 130..162
9
Institutional
Residential
6 units/ 0.50 0.62 acres
buildable acre (0.31
buildable
acres
15 units/ 0.50 0.62 acres
buildable acre (0.31
buildable
acres
1 0 spaces/ 0.50 0.62 acres
buildable acre (0.31
buildable
1.86 units
1 unit
Hotel
4.65 units
4 units
Recreational
Rental
3.10 units
3 spaces
acres
10 NOTE: Net buildable area means that portion of a parcel of land that is developable and is not
11 open space required by sec. 130-157 or required minimum bufferyard under chapter 114, article
12 V or required setbacks under sec. 130-186.
13 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no
14 development shall exceed the total density limits.
15
16 Maximum nonresidential land use intensities in SR - See 130-164
17
Commercial Retail
Commercial Retail *
Medium
Office * 27,110 ft2 2,500 ft2
Public 0.25 27,11 0 ft2 6,777 ft2
Institutional 0.25 27,11 0 ft2 6,777 ft2
18 * Where commercial uses are allowed as permitted uses, and no FAR is given, the maximum per
19 lot stated the land development code shall prevail.
20 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no
21 development shall exceed the total density limits.
22
MDJ Investments LLC M29062 LUn
DRC: October 6. 2009 DRe 11-09
pc: January 27, 2010 P4I-09
P. 8 of 15
BOCC: February 22" 2010
1
2
Maximum Residential Densities in SC (Allocated) - See 130-157
3
4
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6
7
ij~11~~::: ..-:':;-'~:~:'ji.~!.I1,!~.III'!I!.II!.I'lr;[!!~l~ :':l::!:II:11I111111111111':::::::
Permanent Residential 3 units/acre
(market -rate
commercial
a artments
NOTE: The density and intensity provisions are intended to be applied cumulatively so that no
development shall exceed the total density limits.
: I:I'i:liIQIII\~:iIIJD:,i:'II::i'il':~:~.~::~:il :1: :,,:\,[rtI.'::I:I:II.IIII:'!:":II,
1.86 units 1 unit
Maximum Residential Densities in SC (Maximum Net Density) - See 130-157
6 units!
buildable acre
0.20
3.00 units
8
9
10
11
12
13
14
15
16
17
18
19
Permanent
Residential
(market-rate
commercial
a artments
Permanent
Residential
(affordable
employee
housin
NOTE: Net buildable area means that portion of a parcel of land that is developable and is not
open space required by sec. 130-157 or required minimum bufferyard under chapter 114, article
V or required setbacks under sec. 130-186.
NOTE: The density and intensity provisions are intended to be applied cumulatively so that no
development shall exceed the total density limits.
NOTE: The maximum net residential density allowed per district shall not require transferable
development rights (TDR) for affordable and employee housing and market rate housing
developed in accordance with sec. 130-161(a)(8).
0.62 acres
(0.50
buildable
acres)
3 units
18
units/buildable
0.20
acre
0.62 acres
(0.50
buildable
acres)
9.00 units
9 units
Maximum Hotel-Motel, RV & Institutional Residential Densities in SC (Allocated) - See 130-
162
20
21
22
i:,[I~~:IB.~.~:1i:.l1:i:iill:g
Institutional
Residential
Hotel 10 units/acre 0.62 acres 6.20 units 6 units
Recreational Rental 10 s aces/acre 0.62 acres 6.20 s aces 6 s aces
NOTE: The density and intensity provisions are intended to be applied cumulatively so that no
development shall exceed the total density limits.
MDJ Investments LLC M29062 LUD
DRe: October 6. 2009 ORC 11-09
PC: January 27.2010 P41-09
P. 9 of 15
BOCC: February 22, 2010
1 Maximum Hotel-Motel, RV & Institutional Residential Densities in SC (Maximum Net
2 Density) - See 130-162
3
Institutional
Residential
20 units! 0.20 0.62 acres
buildable acre (0.50
buildable
acres)
15 units/ 0.20 0.62 acres
buildable acre (0.50
buildable
acres
10 spaces/ 0.20 0.62 acres
buildable acre (0.50
buildable
10.00 units 10 units
Hotel
7 .5 0 units 7 units
Recreational
Rental
5.00 units 5 spaces
acres
4 NOTE: Net buildable area means that portion of a parcel of land that is developable and is not
5 open space required by sec. 130-157 or required minimum bufferyard under chapter 114, article
6 V or required setbacks under sec. 130-186.
7 NOTE: The density and intensity provisions are intended to be applied cumulatively so that no
8 development shall exceed the total density limits.
9
10 Maximum nonresidential land use intensities in SC - See 130-164
11
12
13
14
0.15
0.40
0.10
0.30
0.10
0.30
27, 11 0 ft2
27,11 0 ft2
27, 11 0 ft2
27, 11 0 ft2
27, 11 0 ft2
27, 11 0 ft2
4,066 ft2
10,844 ft2
2,711 ft2
8,133 ft2
2,711 ft2
8,133 ft2
MOJ Investments LLC M29062 LUD
IS
DRe: October 6, 2009 DRC 11-09
P. 10 of
PC: January 27, 2010 P41-09
DacC: February 22,2010
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Local Traffic.. Parking and Circulation
The subject parcel is located on U. S. 1 on
the ocean side. There is adequate parking
for the three offices. Some of the
undercut was removed leaving room for
parking overflow. Driving north on U. S.
1, access to the parcel is from the south
only. However, there are cut-throughs
from U. S. 1 driving south between stores
and across the median.
Under the current Land Use Map
Amendment proposed, 0.10 - 0.35 floor area ratio is the maximum intensity
permitted. Three (3) dwelling units are the maximum permitted. Ten (10) spaces per
acre are the maximum permitted. Under the existing current LUD of SR, the
maximum FAR permitted is 6,777 W. The maximum pennitted for residential is 0.5
dwelling units per acre. Five (5) spaces or hotels rooms is the maximum permitted.
The change represents a maximum density increase of two (2) dwelling units and
2,711 ft2 of commercial floor area. Therefore the traffic increase is minimal. In
addition, the 2009 US 1 Arterial Travel Time and Delay Study indicates this segment
of US 1 operates at LOS A. There are 9,406 trips remaining for future growth.
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.
Future development would be required to comply with all Monroe County Code,
State and Federal environmental regulations.
Most of the lot is disturbed with approximately five (5) canopy trees remaining.
Most of the understory plants have been removed and exotics exist on site.
Approximately 10-15% (2,700W - 4,660ft2) of the lot is undisturbed hammock along
Grouper Trail.
Effects on Public Facilities
Objective 101.11 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 areas.
The proposed Lun amendment may affect public facilities, but not significantly.
MDJ Investments LLC M29062 LUD
IS
DRe: October 6,2009 DRCII-Q9
pc: January 27,2010 P41-09
P. 11 of
BOCC: February 22,2010
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Solid Waste (Comprehensive Plan Policy 801.1.1)
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.
Maximum Residential = 2 X 2.1 (household size in people) = 4.2; 4.2 X 5.33 pounds
per capita per day = 22.84 pounds per day
Maximum Nonresidential = 12.2 pounds per day per equivalent residential unit X
0.62 acres = 7.56 pounds per day
TOTAL = 22.84 + 7.56 = 30.40 pounds per day
The proposed land use map (LOD) amendment may affect solid waste, but not
signi ficantly .
Potable Water
In March 2008, South Florida Water Management District (SFWMD) approved the
FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from the
Biscayne and Floridian Aquifers. The WUP provides an annual allocation of 8,751
Million Gallons (MG) or 23.98 MGD and a maximum monthly allocation of 809 MG
with a limited annual withdrawal from the Biscayne Aquifer of 6,492 MG or 17.79
MOD and an average dry season (December 1st-April 30th) of 17.0 MOD. The
overall level of service for potable water is 132 gallons per capita/per/day.
Maximum Residential = 2 X 2.1 (household size in people) = 4.2; 4.2 X 132 pounds
per capita per day = 554.4 gallons per day
Stormwater
MCC Section 114-3, titled 'Surface Water Management Criteria', establishes
guidelines and criteria for the safe management and disposal of stonnwater 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 comply with State and Federal regulations as
well as the Monroe County Code, the Monroe County Comprehensive Plan and the
Livable CommuniKeys Plans.
Wastewater
Currently, any permitted or replacement on-site or wastewater treatment facility with
a design flow of less than or equal to 100,000 gpd within the County must comply
with the 10/10/10/1 Best Available Technology (BAT) standard, as well as require
approval from the Monroe County Health Department and / or the Department of
Environmental Protection. Any proposed development associated with the proposed
amendment will be subject to this provision or will be mandated to hook up to the
central sewer system when it is available. The level of service (LOS) for residential
MOJ Investments LLC M29062 LUD
15
ORe: October 6,2009 ORCII-09
P. 12 of
PC: January 27, 2010 P41-09
Haec: February 22,2010
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and nonresidential flow is 145 gallons per day per equivalent dwelling units (Exhibit
3-8 Sanitary Wastewater Master Plan 2000)
Maximum Nonresidential = 145 gallons per day per equivalent residential unit X 0.62
acres = 89.9 pounds per day
The proposed LUD is not anticipated to adversely impact the wastewater supply
LOS.
Education
All public schools are under the purview of Monroe County Board of Education
including all capital expenditures relating to facilities improvements or additional
development of education facilities. Per the 2008 Monroe County Public Facilities
Capacity Assessment Report, the Monroe County requirements are that classroom
capacity be "adequate" to accommodate the school-age children generated by
proposed land development. The School Board uses recommended capacities
provided by the Florida Department of Education to determine each school's
capacity. All schools have adequate reserve capacity to accommodate the impacts of
the additional land development activities projected for the next school year.
Parks and Recreation / Open Space
The County has adopted an overall level of service, pursuant to Comprehensive Plan
Policy 1201.1.1, for resourced-based and activity-based recreation and open space of
0.82 acres of per 1,000 persons (functional population). Using the functional
population projection for 2007 of 70,432 persons in unincorporated Monroe County,
and the LOS standard of 0.82 acres per 1,000 persons, the demand for resource-based
recreation areas is approximately 57.75 acres. The county currently has enough
resource... and activity- based lands with reserve capacity of 40.21 acres and 49.93
acres, respectively, to meet the level of service.
Effects on Redevelopment/Infill Potential
Sheet 267 of the 1985 Habitat Maps shows the subject parcel as disturbed (740). The
habitat Aerial photograph shows at least five (5) canopy trees remaining after the
permitted clearing in 1976. No hammock was located on the property at that time.
Currently, canopy trees are still present and undisturbed hammock is found along
Grouper Trail. If an application for a development permit was pursued on this parcel,
a site visit to the property would be mandatory for additional analysis. Federal, State
and County regulations shall be followed, particularly Me Code Section 118-9(a-c)
on open space requirements.
Me Code Section 118-9(c) states: "Site baseline conditions. The legal conditions of
land existing as of February 28, 1986, and as depicted on the December
1985 Habitat Classification Aerial Photographs, shall be used as a baseline to
determine the clearing that may be permitted on a site. The 1985 maps shall be
supplemented by recent aerial photography and existing site analysis to determine
MOJ Investments LLC M29062 LUD
15
DRC: October 6,2009 DRCII-09
P. 13 of
PC: January 27,2010 P41-09
BOCC: February 22, 2010
1 any increases in the amount of upland native vegetated areas. Upland native
2 vegetated areas cLeared between 1986 and the time of permit application shall be
3 considered to still include upland native vegetation for purposes of determining the
4 amount of open space and clearing permitted."
5
6 D. Consistency with the Principles for Guiding Development in the Florida Keys Area of
7 Critical State Concern pursuant to F.S. Chapter 380.0552(7)
8
9 For the purposes of reviewing consistency of the adopted plan or any amendments to
10 that plan with the principles for guiding development and any amendments to the
11 principles, the principles shall be construed as a whole and no specific provision shall
12 be construed or applied in isolation from the other provisions.
13 (a). To strengthen local government capabilities for managing land use and
14 development so that local government is able to achieve these objectives
15 without the continuation of the area of critical state concern designation.
16 (b). To protect shoreline and marine resources, including mangroves, coral reef
1 7 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
18 (c). To protect upland resources, tropical biological communities, freshwater
19 wetlands, native tropical vegetation (for example, hardwood hammocks and
20 pinelands), dune ridges and beaches, wildlife, and their habitat.
21 (d). To ensure the maximum well-being of the Florida Keys and its citizens
22 through sound economic development.
23 (e). To limit the adverse impacts of development on the quality of water
24 throughout the Florida Keys.
25 (f). To enhance natural scenic resources, promote the aesthetic benefits of the
26 natural environment, and ensure that development is compatible with the
27 unique historic character of the Florida Keys.
28 (g). To protect the historical heritage of the Florida Keys.
29 (h). To protect the value, efficiency, cost-effectiveness, and amortized life of
30 existing and proposed major public investments, including:
31 I. The Florida Keys Aqueduct and water supply facilities;
32 2. Sewage collection and disposal facilities;
33 3. Solid waste collection and disposal facilities;
34 4. Key West Naval Air Station and other military facilities;
35 5. Transportation facilities;
36 6. Federal parks, wildlife refuges, and marine sanctuaries;
37 7. State parks, recreation facilities, aquatic preserves, and other publicly
38 owned properties;
39 8. City electric service and the Florida Keys Electric Co-op; and
40 9. Other utilities, as appropriate.
41 (i). To limit the adverse impacts of public investments on the environmental
42 resources of the Florida Keys.
43 G). To make available adequate affordable housing for all sectors of the
44 population of the Florida Keys.
MDJ Investments LLC M29062 LUD
15
DRe: October 6, 2009 DRCII-09
P. 14 of
pc: January 27,2010 P41-09
BOCC: February 22, 2010
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(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.
(1). 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.
ST AFF RESPONSE:
Most of the lot is disturbed with approximately five (5) canopy trees remaining.
Most of the understory plants have been removed and exotics exist on site.
Approximately 10-15% (2,700tt2 - 4,660ft2) of the lot is undisturbed hammock along
Grouper Trail.
While the property is designated Tier 1, the site conditions are not reflective of the
unique habitat indicative of Tier 1 criteria and therefore staff does not recommend
preservation.
The subject parcel contains one (1) 2,968tt2 building. The building has been in
existence since] 958. The office tenants (title agency, dentist and general contractor)
are compatible uses for the neighborhood. The site is land locked. The supply of
water and electric to the building is adequate. Section 114-3, 'Surface Water
Management Criteria " establishes guidelines and criteria for stormwater
management. The site is not in the AICUZ zone. It is located in Key Largo on U. S.
1. The site is approximately five (5) miles from Pennekamp State Park. The parcels
adjacent to the subject parcels are owned by the county and state.
RECOMMENDATION:
Staff recommends APPROVAL.
MOl Investments LLC M29062 LUD
15
DRe: October 6, 2009 DRCII-09
P. 15 of
PC: January 27,2010 P41-09
Bace: February 22, 2010
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION P41-09
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA AMENDING THE LAND USE DISTRICT MAP
FROM SUBURBAN RESIDENTIAL (SR) TO SUBURBAN
COMMERCIAL (SC) IN ACCORDANCE WITH MONROE COUNTY
CODE, SECTION 130-43, REQUESTED BY MDJ INVESTMENTS, LLC
FOR PROPERTY LEGALL Y DESCIUBED AS THOMPSON'S
SUBDIVISION, KEY LARGO, PBl-147 LOTS 13-18, MONROE
COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER
00440100.000000
WHEREAS, during a regularly scheduled public hearing held on January 27, 2010, the
Monroe County Planning Commission conducted a review and consideration of a request filed
by MDJ Investments, LLC for a land use district amendment with the provisions and intent of
the Monroe County Code, Sec. 130-43; and
WHEREAS, the subject property is located at Mile Marker 99.1, Key Largo, Florida and
is legally described as Thompson's Subdivision, Key Largo, PBl-147 Lots 13-18, Monroe
County, Florida having real estate number 00440100.000000;
WHEREAS, in the land use district amendment application to the Planning &
Environmental Resources Department, received May 29,2009, the agent requested that the Land
Use Map (LUD) designation of one (1) parcel identified as Real Estate Number
00440100.000000 be amended from Sub Urban Residential (SR) to Sub Urban Commercial
(SC).
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee makes the following Findings of Fact and Conclusion of Law:
1. The proposed LUD amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan Goal 101 and Goal 105;
MOJ Investments LLC M29062 LUD
ORe: October 6, 2009 ORel J-09
PC: JanulUY 27, 2010 P41-09
P. 1 of3
BOCC: febIUaC)' 2010
2. The proposed LUD amendment is consistent with the provisions and intent of
Chapter 102 of the Monroe County Code, Land Development Regulations
particularly 'data errors' and 'recognition of a need for additional detail or
comprehensiveness; ,
3. On July 23 t 1976, the MC Zoning Board adopted Resolution 20-1975 approving a
zoning change to BU-l on the property with a special use permit approving retail
sales for furniture and clothing only;
4. Building Permit Number CI809 was issued on August 13, 1976 for land clearing
on Blocks 13, 14, 15 and ]6 on U. S. 1 and Grouper Trail;
5. Like the subject parcel, properties adjacent to and north of the subject parcel are
in a Tier I land use designation as well as the Sub Urban I Commercial (SC) Land
Use District Designation;
6. The proposed LUD amendment is consistent with the Goals, Strategies and
Action Items from the Key Largo Livable CommuniKeys Plan, particularly Goal
1;
7. The proposed LUD amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern pursuant to F.S.
Chapter 380.0552(7);
8. The proposed LUD amendment is consistent with the surrounding land use
district designation of Sub Urban / Commercial (SC);
9. The proposed LUD amendment may affect local traffic, parking and circulation,
but not significantly;
10. Most of the lot is disturbed with a number of large canopy trees remaining and
most of the understory plants have been removed and have been replaced with
exotics.
11. Approximately 10-15% of the lot is undisturbed hammock mostly along Grouper
Trail;
12. The proposed Lun amendment may have an effect on natural resources, but not
significantly;
13. The proposed LUn amendment may affect public facilities, but not significantly;
14. The proposed LUD amendment may affect solid waste, but not significantly;
MOJ Investments LLC M29062 LUD
DRC: October 6, 2009 DRCI 1-09
pc: January 27, 2010 P41~
P. 2 of3
BOCC: February 20) 0
~AlF',""""""'''""''''''
15. The proposed LUD amendment may affect potable water, but not significantly;
16. The proposed LUD amendment may affect storm water, but not significantly; and
17. The proposed LUD amendment may have an effect on redevelopment and infill
potential, but not significantly.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact
and Conclusions of Law support its decision to RECOMMEND APPROVAL to the Board
of County Commissioners of a request by MDJ Investments, LLC to amend the current Land
Use District (LUD) designation from Suburban Residential (SR) to Suburban Commercial
(SC).
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe
County, Florida, at a regular meeting held on the 27th day of January, 2010.
BY
Chair Wall Yes
Vice-Chair Cameron Yes
Commissioner Hale ..LIa
Commissioner Lustberg Yes
Co issioner Werling Yes
E COUNTY, FLORIDA
Signed this 27th
day of January
, 2010.
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MOJ Investments LLC M29062 LUD
ORC: October 6. 2009 DRCII-09
PC: January 27, 20] 0 P41-09
P.30f3
BOCC: February 2010