Item B1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 5. 2001
Division: Growth Management
Bulk Item: Yes
No~
Department: Plannin~
AGENDA ITEM WORDING: A public hearing to consider a DCA Transmittal Resolution to
consider a request by Toppino's, Inc. to amend the Future Land Use Map from Industrial (I) to
Residential High (RH) and to amend the Land Use District Map from Industrial (I) to Urban
Residential (DR),
ITEM BACKGROUND: On June 19,2001 the Development Review Committee recommended
denial of both items to the Planning Commission. On July 11, 2001, the Planning Commission
recommended approval of both items to the Board of County Commissioners.
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Submit to DCA for review
TOTAL COST:
N/A
BUDGETED~ Yes N/A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH N/ A
Year
APPROVED BY: County Atty -L
DOCUMENTATION:
Included X
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
,AICP
equired_
DISPOSITION:
AGENDA ITEM #
B/
Revised 2/27/01
~V
W:\PJanning\ Working FoJders\Gross-Fred\Toppino\Agenda Summary No,J,doc
TOPPINO'S INC.
FUTURE LAND USE MAP AMENDMENT AND
LAND USE DISTRICT (ZONING) MAP
AMENDMENT
TRANSMITTAL HEARING
BOARD OF COUNTY COMMISSIONERS
KEY WEST HARVEY GOVERNMENT CENTER
SEPTEMBER 5, 2001
PROPOSED FUTERE LAND USE AMENDMENT
INDUSTRIAL (I)
TO RESIDENTIAL HIGH (RH)
&
PROPOSED ZONING AMENDMENT
INDUSTRIAL (I)
TO URBAN RESIDENTIAL (UR)
This map amendment proposes to change the Future Land Use Map
designation from Industrial (I) to Residential High (RH) and change the
Land Use (Zoning) Map from Industrial (I) to Urban Residential (UR)
for property located on part of Government Lot 5, Section 21,
Township 67 South, Range 26 East, East Rockland Key, Monroe
County, Florida, Mile Marker 9.5, The real estate number is
00121980.000600.
FUTURE LAND USE RECOMMENDATIONS
DRC Denial
June 19, 2001
Resolution #017-01
PC Approval
July 11, 2001
Resolution # P47-01
ZONING RECOMMENDATIONS
DRC Denial
June 19, 2001
Resolution #017-01
PC Approval
July 11, 2001
Resolution #P48-01
RESOLUTION NO.
2001
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST BY
TOPPINO'S INC. TO AMEND THE FUTURE LAND USE MAP (FLUM)
FROM INDUSTRIAL (I) TO RESIDENTIAL HIGH (RH) FOR
PROPERTY LOCATED ON EAST ROCKLAND KEY AND FURTHER
DESCRIBED AS PART OF GOVERNMENT LOT 5, SECTION 21,
TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY,
MONROE COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER
9.5, HAVING REAL ESTATE NUMBER 00121980.000600.
WHEREAS, the Monroe County Board of County Commissioners held a
publiC hearing for the purposes 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 Monroe County Year 2010
Comprehensive Plan, changing the future land use designation of the
property described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe
County Board of County Commissioners support the requested future land
use designation change;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners does hereby adopt the
recommendations of the Planning Commission pursuant to the 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 to the Florida Department of Community Affairs for
review and comment in accordance with the provisions of Chapter 163.3184,
Florida Statutes; and
Section 3. The Monroe County staff is given authority to prepare and
submit the required transmittal letter and supporting documents for the
proposed amendment in accordance with the requirements of 9J-11.006 of
the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified
copy of this resolution to the Director of Planning.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida at a public meeting held on the of
2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor George Neugent
(Seal)
ATTEST: DANNY L KOLHAGE, CLERK
Deputy Clerk
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DRAFT FLUM ORDINANCE AND MAP EXHIBIT 1
ORDINANCE NO.
-2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST OF TOPPINO'S,
INC.TO AMEND THE FUTURE LAND USE MAP (FLUM) FROM
INDUSTRIAL (I) TO RESIDENTIAL HIGH (RH) FOR PROPERTY
LOCATED ON EAST ROCKLAND KEY AND FURTHER DESCRIBED
AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67
SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE
COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER 9.5,
HAVING REAL ESTATE NUMBER 00121980.000600,
WHEREAS, the Monroe County Board of County Commissioners,
during a public meeting held on September 5, 2001, conducted a review and
consideration of a request filed by the applicant to amend the Future Land
Use Map (FLUM) from Industrial (I) to Residential High (RH) for property
located on East Rockland Key and further described as Part of Government
Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key,
Monroe County, Florida, having real estate number 00121980,000600; and
WHEREAS, the Monroe County Planning Commission recommended
approval of this future land use map amendment from Industrial (I) to
Residential High (RH) as indicated in Resolution P47-01; and
WHEREAS, THE Monroe County Planning Commission held a public
hearing on July 11, 2001 and recommended approval; and
WHEREAS, the Monroe County Board of County Commissioners made
the following findings of fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development
Regulations allows the Board of County Commissioners to consider adopting
an ordinance to enact map changes under six listed conditions, specifically
changed assumptions and new issues.
2. The application from the applicant to change the Future Land Use Map
from Industrial to Residential High (RH).
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3. The staff report prepared by K. Marlene Conaway, Director of Planning,
dated August 20, 2001.
4, The applicant would utilize the provisions of Chapter 163.3187(1)(c) of
the Florida Statutes to facilitate the rezoning process which states that "any
local government comprehensive plan amendments directly related to
proposed small scale development activities may be approved without
regard to the statutory limits on the frequency of consideration of
amendments to the local comprehensive plan", Furthermore, Chapter
163.3187(1)(c)(1)(e) states that "the property subject to the proposed
amendment is not located within an area of critical state concern, unless the
project subject to the proposed amendment involves the construction of
affordable housing meeting the criteria of Chapter 420.0004(3) of the Florida
Statutes, and is located within an area of critical state concern designated by
Chapter 380,05(1). Such amendment is not subject to the density
limitations of sub-paragraph (f), and shall be reviewed by the state land
planning agency for consistency with the principles for guiding development
applicable to the area of critical state concern where the amendment is
located",
5. The map amendment will provide a location for the construction of much
needed affordable housing in the lower Keys, and is consistent with and
furthers affordable housing Goal 601 objectives and policies of the Monroe
County Year 2010 Comprehensive Plan,
6, The pre-1986 zoning of the subject property was General Use (GU) which
allowed one residential unit per acre.
7. During the pre-1986 Comprehensive Plan process, the land use (zoning)
district of the subject property was changed to Industrial (I),
8. Section 9.5-220 of the Land Development Regulations states that the
purpose of the Industrial District (I) is to establish areas that are suitable for
the development of industrial and manufacturing uses, warehousing and
distribution uses.
9. The Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan followed the land use district boundaries, categorizing
the FLUM for the subject property Industrial (I),
10, On August 15, 2000 a pre-application conference between the applicant
and Planning Department staff was held to discuss specifics concerning the
development potential of the subject property. Construction of an eighty-five
(85) unit affordable housing project was the topic of discussion, It was
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determined that amendments to the Land Use District (Zoning) Map would
be required from Industrial (I) to Urban Residential (UR) and the Future
Land Use Map (FLUM) from Industrial (I) to Residential High (RH) and that
Conditional Use approval would also be required with a Residential High (RH)
land use designation.
11. The proposed map amendment seeks to change the existing Future Land
Use Map designation from Industrial (I) to Residential High (RH).
12. Section 9.5-511 prohibits any map amendments, which would negatively
impact community character.
13. The subject property is bordered by the following Future Land Use Map
(FLUM) designations: Residential Medium to the east and Industrial (1) to
the north and west, To the south, the Key West Brewery has recently
completed the process of changing the FLUM designation of its property from
Mixed Use/Commercial (MC) to Industrial (I).
14, The Residential High (RH) Future Land Use category corresponds with
the land use zoning category, Urban Residential (UR).
15, Objective 101.11 states that Monroe County shall ensure that at the
time a development permit is issued, adequate public facilities are available
to serve the development at the adopted level of service standards
concurrent with the impacts of such development,
16. The 2001 Public Facilities Assessment Report and the listed programs on
storm water and wastewater indicate that there are no significant concerns
regarding impacts on public facilities.
17. Goal 102 of the Monroe County 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,
18, The proposed map amendment supports Goal 102 since the habitat for
the subject property was found to be already disturbed and scarified.
Therefore, no negative impacts on the natural resources of the subject
property are anticipated,
19. The proposed amendment marginally supports Goal 102 since it changes
the development potential of the subject property. The requested change
would increase the density while decreasing the maximum intensity.
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WHEREAS, the Monroe County Board of County Commissioners made
the following Conclusions of Law:
1) The amendment meets the criteria outlined in Section 9,5-511(d)(4) b.iL
and iv, of the Monroe County Land Development Regulations in that it will
not negatively impact the character of immediate area.
2) The proposed map amendment supports Objective 101.11 of the Monroe
County Year 2010 Comprehensive Plan based on the findings of the 2001
Public Facilities Capacity Assessment Report.
3) The proposed land use change is consistent with Objective 101.4 of the
Monroe County Year 2010 Comprehensive Plan in that it would not
negatively impact the community's character.
4) The proposed map amendment is consistent with Policy 301.2.2 of the
Monroe County Year 2010 Comprehensive Plan which states " Monroe
County shall not permit new development, which, in combination with all
other developments, would significantly degrade the LOS below adopted LOS
standards" .
5) The proposed map amendment is consistent with and supports affordable
housing Goal 601 objectives and policies of the Monroe County Year 2010
Comprehensive Plan which states "Monroe County shall adopt programs and
policies to encourage housing of various types, sizes, and price ranges to
meet the demands of current and future residents"; NOW THEREFORE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and
conclusions of law stated above,
Section 2. The previously described property which is currently
designated Industrial (I) shall be designated Residential High (RH) as
shown on the attached map, which is hereby incorporated by reference
and attached as Exhibit 1.
Section 3. The Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan shall be amended as delineated in Section 2 above.
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Section 4. If any section, subsection, sentence, clause, item, change
or provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 6. This ordinance is hereby transmitted to the state land
planning agency for review and comment pursuant to Chapter 163, Florida
Statutes.
Section 7, This ordinance shall be filed in the Office of the Secretary
of State of Florida, but shall not become effective until a notice is issued
by the Department of Community Affairs or Administration Commission
finding the amendment in compliance with Chapter 163,
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PASSED AND ADOPTED BY THE County Commissioners of Monroe
County,
Florida, at a public meeting held on the day of , A.D.,
2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Neugent
(SEAL)
ATTEST: DANNY KOLHAGE, CLERK
_ DEPUTY CLERK
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Atlantic
Ocean
~= Ito RH
The Monroe County Year 2010 Comprehensive Plan Future N
Land Use Map is m:QPosed to be amended as indicated above
and briefly described as: Chanae Pert of Gov. Lot 5 of Sec. 21. Two 67 S, Roe 26 E..
East RockICIld Kev .Monroe County. Florida from I to RH
Pursuant to Effective Date:
I
Director of Planning and Environmental Resources
Amendment #: 00152
Date
Map #:
8
EXHIBIT 1
DRAFT REZONING ORDINANCE AND
MAP EXHIBIT 1
ORDINANCE NO. 2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE REQUEST BY TOPPINO'S
INC. TO AMEND THE LAND USE DISTRICT MAP (ZONING) FROM
INDUSTRIAL (I) TO URBAN RESIDENTIAL (UR) FOR PROPERTY
LOCATED ON EAST ROCKLAND KEY AND FURTHER DESCRIBED
AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67
SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE
COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER 9.5,
HAVING REAL ESTATE NUMBER 00121980.000600,
WHEREAS, the Monroe County Board of County Commissioners,
during their public meeting held on September 5, 2001, conducted a review
and consideration of a request filed by the applicant to amend the Land Use
District Map (zoning) from Industrial (I) to Urban Residential (UR) for
property located on East Rockland Key and further described as Part of
Government Lot 5, Section 21, Township 67 South, Range 26 East, East
'Rockland Key, Monroe County, Florida, having real estate number
00121980,000600; and
WHEREAS, the Planning Commission recommended approval of this
future land use map amendment from Industrial (I) to Urban Residential
(UR) as indicated in Resolution P48-01; and
WHEREAS, the Planning Commission held a public hearing on July 11,
2001 and recommended approval of the request; and
WHEREAS, the Monroe County Board of County Commissioners made
the following Findings of Fact:
1. Section 9.5-511(d)(5)b, of the Monroe County Land Use Regulations
allows the Planning Commission to consider adopting an ordinance to enact
map changes under one or more of the six listed conditions, specifically
changed assumptions and new issues,
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2, The map amendment will provide a location for the construction of much
needed affordable housing in the lower Keys. There are few parcels in the
Lower Keys of sufficient size and appropriately zoned for multifamily
affordable housing. The subject property is also appropriate for such
residential development due to its lack of environmentally sensitive lands, as
contemplated by Goal 102.
3. On August 15, 2000 a pre-application conference between the applicant
and Planning Department staff was held to discuss construction of an
affordable housing project. It was determined that amendments to the Land
Use District (Zoning) Map would be required from Industrial (I) to Urban
Residential (UR).
4. The pre-1986 zoning of the subject property was General Use (GU) which
allowed one residential unit per acre,
5. During the pre-1986 Comprehensive Plan process, the land use (zoning)
district of the subject property was changed to Industrial (I).
6, Section 9.5-220 of the Land Development Regulations states that the
purpose of the Industrial District (I) is to establish areas that are suitable for
the development of industrial and manufacturing uses, warehousing and
distribution uses.
7, The proposed map amendment seeks to change the existing Land Use
(Zoning) Map designation from Industrial (I) to Urban Residential (UR).
8. The subject property is bordered by the following Land Use District
designations: Improved Subdivision to the east and Industrial (I) to the
north and west. To the south, the Key West Brewery has recently completed
the process of changing the designation of its property to Industrial (I).
9. Section 9.5-204 of the Land Development Regulations states that the
purpose of the Urban Residential (UR) zoning designation is to provide areas
appropriate for high-density residential uses designed and intended for
persons gainfully employed in the Florida Keys and to create areas to
provide for vacation rental use of detached dwellings, duplexes and multi-
family dwellings, This district should be established at or near employment
centers.
10. The Residential High (RH) Future Land Use category corresponds with
the land use zoning category of Urban Residential (UR), The maximum net
density for the UR district is twenty-five units per acre where all units are
designated as affordable housing,
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11. Objective 101.11 of the Comprehensive Plan states that Monroe County
shall ensure that at the time a development permit is issued, adequate
public facilities are available to serve the development at the adopted level
of service standards concurrent with the impacts of such development,
Therefore, the provision and availability of public facilities will be reviewed
during the site review process.
12, Section 9,5-511 provides that the Board of County Commissioners may
make a change to the land use map if one or more factors are present, The
proposed amendment establishes changed assumptions about the need and
appropriateness of the site for industrial use and because of new issues; the
county-wide need for affordable housing.
13, Section 9,5-511 prohibits any map amendments, which would negatively
impact community character. The area is adjacent to an existing residential
community and therefore would not negatively impact the existing
community character,
14, Goal 102 of the Monroe County Year 2010 Comprehensive Plan states
that Monroe County shall direct future growth to lands which are intrinsically
most suitable for development and shall encourage conservation and
protection of environmentally sensitive lands. The subject property does not
contain our environmentally sensitive lands and therefore is suitable for
future growth as contemplated by Goal 102.
WHEREAS, the Monroe County Board of County Commissioners made
the following Conclusions of Law:
1. The proposed map amendment meets the criteria outlined in Section 9.5-
511(d)(4) b.ii. and iv. of the Monroe County Land Development Regulations
and will not negatively impact the community character of immediate area,
2. The proposed map amendment supports Objective 101.11 of the Monroe
County Year 2010 Comprehensive Plan based on the findings of the 2000
Public Facilities Capacity Assessment Report.
3. The proposed land use change would not negatively impact the
community's character, which is consistent with Objective 101.4 of the
Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
Section 1.This Board specifically adopts the Findings of Fact and
Conclusions of Law stated above,
Section 2. The previously described property, which is currently designated
Industrial (I) shall be designated Urban Residential (UR) as shown on the
attached map, which is hereby incorporated by reference and attached as
Exhibit 1.
Section 3. The Land Use (ZOning) Map of Monroe County shall be amended
as delineated in Section 2, Above.
Section 4. If any section, subsection, sentence, clause, item, change or
provision of this ordinance is held invalid, the remainder of this ordinance
shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 6, This ordinance is hereby transmitted to the state land planning
agency for review pursuant to Chapter 163, Florida Statutes.
Section 7, This ordinance shall be filed in the Office of the Secretary of
State of Florida, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission finding the
amendment in compliance with Chapter 163, Florida Statutes.
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PASSED AND ADOPTED by the Boa.-d of County Commissioners of Monroe
County, Florida at a public meeting held on the day of ,
A.D., 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Neugent
(SEAL)
ArrEST: DANNY KOLHAGE, CLERK
DEPUTY CLERK
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The Monroe County Land Use Map is proposed to be N
amended as indicated above and briefly described as: Chanae Part
Gov. Lot 5. See, 21. Two, ff1 S,. Rae. 26 E.. Rockland Kev. RE. # 00121980,000600O. Aooroximate
Mile Marker: 9.3% from Industrial (I) to Urban Residential (UR)
Date:
Amendment #:
01-152
Sheet #:
554
EXHIBIT 1
Proposed Land Use District Map Key: Rockland
Amendment: Street Map Mile Marker: Approximate Mile Marker 9,3
Proposal: Chal1Qe Land Use from I to UR and FLU from I to RH
Property description: Gov. Lot 5, Sec. 21, Twp, 67 S., Rge. 26 E., Rockland Key, RE. #
00121980,0016000
Land Use Disbict Map #: 554 Map Amendment #: 01-152
N
Proposed Map Amendment:
Aerial
Key: Rockland
Mile Marker: Approximate Mile Marker 9.3
N
Land Use from I to UR and FLU M from I to RH
Property description: Gov. Lot 5, Sec. 21 J Twp. 67 S., Rge, 26 E., Rockland Key, RE. #
00121980.00J6000
Land Use District Map #: 554
Map Amendment #: 01-152
MEMORANDUM
TO:
The Monroe County Board of County Commissioners
FROM:
-" ,(
K. Marlene Conaway, Director of Planning " "
RE:
Toppino's Inc. Land Use District (Zoning) and Future Land Use Map
(FLUM) Amendments
DATE:
August 20,2001
MEETING DATE: September 5, 2001
EXISTING FUTURE LAND USE DESIGNATION:
Industrial (I)
REQUESTED FUTURE LAND USE DESIGNATION: Residential High (RH)
EXISTING ZONING: Industrial (I)
REQUESTED ZONING: Urban Residential (DR)
PROPERTY OWNER: Toppino's, Inc.
AGENT: Adele V. Stones, Stones & Cardenas
PROPOSED USE OF THE PROPERTY: Affordable Housing Development
PROPERTY INFORMATION
Key:
l\file Marker:
Size:
Rockland
9.5
288,742 square feet or 6,63 acres
Location Detail & Brief Property Description:
The property is located on East Rockland Key and is further described as a part of Government Lot 5,
Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, Mile
Marker 9.5. The real estate number is 00121980-000600.
Page 1 of 10
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MEMORANDUM
TO:
The Momoe County Board of County Commissioners
FROM:
K. Marlene Conaway, Director of Planning
RE:
Toppino's Inc. Land Use District (Zoning) and Future Land Use Map
(FLUM) Amendments
DATE:
August 20,2001
MEETING DATE: September 5, 2001
EXISTING FUTURE LAND USE DESIGNATION:
Industrial en
REQUESTED FUTURE LAND USE DESIGNATION: Residential High (RR)
EXISTING ZONING: Industrial (I)
REQUESTED ZONING: Urban Residential (UR)
PROPERTY OWNER: Toppino's, Inc.
AGENT: Adele V. Stones, Stones & Cardenas
PROPOSED USE OF THE PROPERTY: Affordable Housing Development
PROPERTY INFORMATION
Key:
Mile Marker:
Size:
Rockland
9,5
288,742 square feet or 6.63 acres
Location Detail & Brief Property Description:
The property is located on East Rockland Key and is further described as a part of Government Lot 5,
Section 21, Township 67 South, Range 26 East, East Rockland Key, Momoe County, Florida, Mile
Marker 9.5, The real estate number is 00121980-000600,
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Existing Use:
The site proposed for rezoning is part of a larger industrial parcel that has continuously served a
variety of heavy industrial uses. It abuts a quarry operation and is presently used as a site for heavy
equipment storage, and the storage of road and electrical materials. It has also served as a solid waste
transfer facility.
Existing Habitat:
The property is considered disturbed for environmental permitting purposes. The East Side of the
property supports a row of mature Australian Pines. There are a few salt marsh species growing
adjacent to the burrow pit, however, there are no hydric soils or hydric indicators present. Therefore,
the property is not considered wetlands pursuant to Section 62-340.300(2), Florida Administrative
Code (FAC). The majority of the property is barren dredge material.
Land Use & Habitat on the 1985 Existing Conditions Aerials:
The land use is vacant with a large burrow pit and the habitat is disturbed,
ZONING AND LAND USE HISTORY
Pre-1986 Zoning/Map Changes or Boundary Considerations Since 1986:
Prior to 1986, the entire property was zoned General Use (GU), The GU/General Use District was
established as an interim land classification pending action to rezone the property to a residential,
business or industrial designation. The minimum required lot size was one (1) acre. Permitted uses
included: 1) Single family dwellings with their customary accessory uses, 2) Agricultural uses, 3)
Clubs, including country, golf, gun and fish clubs or similar enterprises and ranges, 4) Athletic fields
and stadiums, 5) Power plants and substations, water pumping stations, television and radio
transmission towers, 6) Fishing camps, 7) Churches [two (2) acres] and, 8) Horses: Horses may be kept
only in a GU zone, on a minimum of one acre.
Considerations During the 1986 and 2010 Comprehensive Planning Processes:
The changes made to zoning during the 1986 Comprehensive Plan process were derived from
information contained on the 1985 Existing Conditions Map. Planning Department records show no
site specific considerations of this property during the 1986 planning process. During the 2010
Comprehensive Plan and future land use map process, the Board of County Commissioners directed
the Planning Department to prepare future land use maps which were consistent with the existing land
use designations or zoning maps, However, there is no indication of any site specific considerations of
this property during the 2010 Comprehensive Plan process. '
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ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511(d)(5)(b) and
Chapter 163. Florida Statutes):
Changed Projections: N/ A
Changed Assumptions:
During the background studies for the Monroe County Year 2010 Comprehensive Plan, it was
estimated that only three (3) acres of five hundred twenty-seven (527) acres of land zoned Industrial (I)
was vacant. The property currently proposed for rezoning would have been considered developed as a
rock and gravel operation. The industrial use of the area has changed since the adjacent pit is not being
quarried. The high cost of housing in the Keys caused by the limited supply and huge demand has
created a need for the development of affordable housing. Current housing stock or the limited private
development is not meeting the housing needs of the large service industry population.
Data Errors: N/A
New Issues: See Assumptions above
Need for Additional Detail and Comprehensiveness: N/A
Data Updates: N/A
IMPACT & POLICY ANALYSIS:
Comparison of Development Potential for the Current and Proposed Land Uses:
1) Current Land Development Regulations (LDRs)
The current Future Land Use Map (FLUM) designation for the section of the subject
property under consideration is Industrial (I), The Monroe County Year 2010
Comprehensive Plan, Policy Document, Policy 101.4.7 states that "the principal purpose of
the Industrial land use category is to provide for the development of industrial,
manufacturing, and warehouse and distribution centers. Other commercial, public,
residential and commercial fishing-related uses are also permitted,
To the north and west, the existing FLUM is Industrial (1). To the south lies the Key West
Brewery property which is currently seeking to amend a split Industrial (I) and Mixed Use
Commercial (MC) FLUM designation to Industrial (1), On the east is a small residential area
with a Residential Medium (RM) classification.
The existing zoning for the subject property under consideration is Industrial (1), Current
permitted uses include restaurants, offices, manufacturing, commercial apartments,
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commercial fishing, institutional, light industrial, public buildings, accessory uses and
assorted wireless communications facilities.
Immediately adjacent to the proposed project area, the existing zoning is as follows: to the
north and west is Industrial (n, to the east Improved Subdivision (IS). To the south is the
Key West Brewery property, which is presently seeking to eliminate a split-zoning situation,
Sub Urban Commercial (SC) and Industrial (n, by designating the entire parcel Industrial
(n. As required, the existing land use (zoning) districts are currently consistent with the
Future Land Use Map (FLUM).
2) Potential Land Uses With the Proposed Future Land Use Map (FLUM) and Zoning Map
Amendments
The proposed Future Land Use Map (FLUM) and Land Use District (Zoning) Map
amendments from Industrial <n to Residential High (RH) and Urban Residential (DR)
would change the use of the subject parcel to one generally residential in nature. Permitted
uses would include detached residential dwellings, public buildings and uses, home
occupations, accessory uses, vacation rental use and attached wireless communications
facilities, Minor conditional uses would include attached residential dwelling units,
institutional and institutional-residential uses and parks/community parks, Major
conditional uses would include marinas, time share estates and stealth wireless
communications facilities.
This rezoning request is being made specifically to permit the increase of density to twenty-
five (25) dwelling units per acre for affordable housing in the Urban Residential (DR)
District. This request is consistent with and furthers Goal 601 of the Monroe County Year
2010 Comprehensive Plan which states" Monroe County shall adopt programs and policies
to facilitate (development of) adequate and affordable housing.. .".
Compatibility with Adjacent Land Uses and Effects on Community Character:
The proposed amendments to the Future Land Use Map and the zoning map would have a substantial
negative impact on adjacent land uses and community character. The subject parcel is currently
undeveloped and almost totally surrounded by appropriately zoned industrial uses. The single
exception is Rockland Village, a small community of approximately 59 single-family homes directly to
the east of the site. The construction of high-density housing would overwhelm and directly impact this
small residential neighborhood. The increase in the density at the site would be substantial. The small,
single-family neighborhood (59 homes) is clearly an anomaly and is not representative the overall
character of the community,
This proposed zoning request is inconsistent with and does not further Goal 601 of the Monroe County
Year 2010 Comprehensive Plan where the appropriateness of siting affordable housing is concerned,
Policy 601.1.8 states that ".... Sites shall be assessed according to the following guidelines: .... 4)
Proximity to employment and retail centers. Sites within five miles of employment and retail centers
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shall be preferred", The nearest centers for employment and necessary daily convenience shopping for
residents at this proposed site are almost twice the recommended limits. The existing community
character can best be described as non-residential. There is no public transportation from the proposed
site to employment or retail centers. Traffic would increase dramatically throughout the neighborhood
and legitimate safety concerns will arise relative to entering and exiting the subject area via Calle Uno
to and from U.S. 1,
If the Industrial designation were to remain on this site, any permitted development would require a
Class "D" Buffer between the newly permitted use and the small 59 home community of Rockland
Village, This Buffer is significant in that it would provide an attractive 20 to 35 foot area of densely
planted trees and shrubs,
,
The Land Development Regulations prohibit any map amendments that would negatively impact
community character. The Monroe County Year 2010 Comprehensive Plan calls for the County to
maintain community character and protect natural resources through a distribution of land uses
consistent with the Future Land Use Map. The proposed change in designation would be inconsistent
with the existing character ofthe area.
Effects on Natural Resources:
There should be no effect on natural resources.
Effects on Public Facilities:
Generally, the proposed amendment could affect the level of service of Monroe County's public
facilities in several ways.
Traffic: Eighty-five (85) two-bedroom units would significantly increase the amount of traffic
in the immediate neighborhood and along U.S. 1 in both directions. A traffic study will be
required prior to conditional use approval ofthe proposed development.
The Monroe County traffic consultant, Mr, Raj Shanmugan of URS Corporation, was requested
to undertake a preliminary evaluation of traffic impact relative to the proposed project. His
report, dated April 11, 2001, is attached and specific pertinent information from that report is
quoted.
1, Dailv Trip Generation & Imoact.. .According to the ITE 6th Edition Land Use #230, the
following formulas were applied to generate trips for the site:
Weekday: Ln(T) = 0.850 Ln (X) + 2,564 = 567 trips/day
Saturday: T = 3.615 (X) + 427,925 + 735 trips/day
Sunday: T = 3,132 (X) + 357,258 = 623 trips/day
Weighted Average = 599 trips/day
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The proposed development is likely to generate trips that are attracted to local employment and
business centers such as Key West, Marathon and Miami. Any trips to and from Marathon or
Miami have to travel across Big Pine Key on U.S. 1, which has been found to have inadequate
capacity. According to the Monroe County Year 2010 Comprehensive Plan, Policy 301.2,2, "
Monroe County shall not permit new development that, in combination with all other
developments, would significantly degrade the LOS to below accepted LOS standards".
2, Traffic Operations and Site Access
P.M. Peak Hour of Adjacent Street Traffic: Ln(T) = 0.827 Ln (X) + 0.309 =
54 trips (67% in/33% out)
The traffic consultant states, " Should the applicant proceed with the proposed amendment, the
intersection of US 1 at Calle Uno must be demonstrated to operate adequately and safely," This
demonstration of traffic adequacy is required before any Conditional Use or Site Plan proposal
can be approved. The consultant further states, "It should be noted that the above mentioned
intersection is located at the end of a merge lane, Vehicles along US I travel at high speeds near
this intersection. In addition, the proximity of Rockland Channel Bridge complicates the
operational and safety issue further, by introducing potential sight visibility constraints due to
the bridge structure and the roadway geometry."
"Access to the site currently exists via Calle Uno, which intersects with U,S. I approximately at
MM 9.5, U.S, 1, in the vicinity of the Calle Uno intersection, reduces from a four lane divided
highway to a two lane undivided roadway, This intersection is located at the end of a merge
lane in the northbound direction. Vehicles along U.S. 1 travel at high speeds at this
intersection. "
In conclusion, Mr. Shanmugan stated that" the intersection of U.S, 1 and Calle Uno must be
demonstrated by the applicant to operate adequately and safely, Although there is no
quantifying means to identify how many new trips it would take to make this an unsafe
intersection, every new trip through this intersection increases the potential for a crash. Some
traditional mitigating measures, such as lengthening the merge lane may not be feasible, even if
they were permitted."
The conditional use approval of this site may not be granted unless access and concurrency
concerns can be adequately addressed.
Solid Waste Facilities: County policy requires that sufficient capacity be available at a solid
waste disposal site to accommodate all existing and approved development for a period of at
least three years from the projected date of completion of the proposed development or use.
According to the Public Facilities Report, Monroe County has capacity to meet the existing
waste stream for the next fifteen (15) to sixteen (16) years.
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Potable Water Facilities: County regulations require that the county ensure that at the time a
development permit is issued, adequate potable water facilities are available to support the
development. The residential level of service standard, according to policy, is 66.50
gallons/capita/day. Therefore, the equivalent residential unit requirements would be at least
149.00 gallons per day (2.24 average persons per household x 66.50 gallons/capita/day), The
Florida Keys Aqueduct Authority (FK.AA) would determine if existing or projected capacities
in the area would meet the long-range potable water needs of the proposed development.
Stormwater: Sealed engineering drawings for stormwater management must be submitted and
approved by the County Engineer should the proposed development proceed to the permitting
stage.
Wastewater: A new on-site wastewater treatment system must be constructed.
Effects on Redevelopment and Infill Potential: Goal 102 of the Momoe County Year 2010
Comprehensive Plan states that Momoe County shall direct future growth to lands which are
intrinsically more suitable for development and shall encourage conservation and protection of
environmentally sensitive lands. The proposed land use change is in keeping with Goal 102 as the
subject property is disturbed and scarified.
FINDINGS OF FACT:
1) Section 9,5-511(d)(5) b, of the Momoe County Land Use Regulations allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions,
2) This amendment, initiated by the applicant, is intended to amend the Future Land Use Map and
the Land Use District Map from Industrial to land use districts that permit the construction of
affordable housing, The applicant would utilize the provisions of Chapter 163.3187(1)(c) of
the Florida Statutes to facilitate the rezoning process which states that, "any local government
comprehensive plan amendments directly related to proposed small scale development
activities may be approved without regard to the statutory limits on the frequency of
consideration of amendments to the local comprehensive plan". Furthermore, Chapter
163.3187(1)(c)(I)(e) states that, "the property subject to the proposed amendment is not
located within an area of critical state concern, unless the project subject to the proposed
amendment involves the construction of affordable housing meeting the criteria of Chapter
420.0004(3) of the Florida Statutes, and is located within an area of critical state concern
designated by Chapter 380.05(1). Such amendment is not subject to the density limitations of
sub-paragraph (t), and shall be reviewed by the state land planning agency for consistency with
the principles for guiding development applicable to the area of critical state concern where the
amendment is located",
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3) There is a recognized need for affordable housing throughout Monroe County. This map
amendment will provide a location for the construction of needed affordable housing in the
lower Keys.
4) During the pre-1986 Comprehensive Plan process, the land use (zoning) district of the subject
property was changed to Industrial (I).
5) Section 9.5-220 of the Land Development Regulations states that the purpose of the Industrial
District (I) is to establish areas that are suitable for the development of industrial and
manufacturing uses, warehousing and distribution uses.
6) The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the
land use district boundaries, categorizing the FLUM for the subject property Industrial (I).
7) The applicant has proposed construction of an eighty-five (85) unit affordable housing project.
8) The proposed map amendment seeks to change the existing Future Land Use Map designation
from Industrial (I) to Residential High (RH) and the current zoning designation from Industrial
(I) to Urban Residential (DR).
9) Section 9.5-511 prohibits any map amendments, which would negatively impact community
character.
10) The subject property is bordered by the following zoning designations: Improved Subdivision
(IS) to the east and Industrial (I) to the north and west. To the south, the Key West Brewery has
recently completed the process of changing the zoning designation of its property from Sub
Urban Commercial (SC) to Industrial (I).
11) The subject property is bordered by the following Future Land Use Map (FLUM) designations:
Residential Medium to the east and Industrial (I) to the north and west. To the south, the Key
West Brewery has recently completed the process of changing the FLUM designation of its
property from Mixed Use/Commercial (MC) to Industrial), Section 9.5-204 of the Land
Development Regulations states that the purpose of the Urban Residential (DR) zoning
designation is to provide areas appropriate for high-density residential uses designed and
intended for persons gainfully employed in the Florida Keys and to create areas to provide for
vacation rental use of detached dwellings, duplexes and multi-family dwellings. This district
should be established at or near employment centers.
12) Section 9.5-233 of the Land Development Regulations indicates that the Urban Residential
(DR) zoning district permits detached residential dwelling units as of right and attached
residential dwelling units with minor conditional use approval.
13) The Residential High (RH) Future Land Use category corresponds with the land use zoning
category, Urban Residential (UR).
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14) Objective 101.11 states that Monroe County shall direct future growth towards established
development areas served by existing public facilities.
15) The 2001 Public Facilities Assessment Report and the listed programs on stormwater and
wastewater indicate that there are no significant concerns regarding impacts on public facilities.
16) Goal 102 of the Monroe County 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.
17) Concerns have been raised that the traffic from the proposed project would generate operational
and safety concerns/problems on US #1. This issue will be further reviewed and may limit the
proposed housing project during the development review process.
18) The proposed map amendment supports Goal 102 as the habitat for the subject property was
found to be already disturbed and scarified, Therefore, no negative impacts on the natural
resources of the subject property are anticipated.
19) The proposed amendment marginally supports Goal 102 since it changes the development
potential of the subject property. The requested change would increase the density while
decreasing the maximum intensity.
CONCLUSIONS:
1) The amendment does not meet the criteria outlined in Section 9.5-511(d)(4) b.ii. and iv. of the
Monroe County Land Development Regulations and will negatively impact the character of
immediate area.
2) The proposed land use change would negatively impact the community's character, which is not
consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan.
3) The proposed plan supports and is consistent with Goal 102 of the Monroe County Year 2010
Comprehensive Plan, and will have no any significant impact on the natural environment.
4) In a report dated April 11, 2001, Mr. Raj Shanmugan, the Monroe County traffic consultant,
noted operational and safety issues relative to the proposed project including speed and
visibility concerns at the intersection of Calle Uno and US #1, Additionally, potential LOS
problems were indicated,
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PC RESOLUTION NO. P47-01
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY TOPPINO'S INC.
TO AMEND THE FUTURE LAND USE MAP (FLUM) FROM
INDUSTRIAL (I) TO RESIDENTIAL HIGH (RH) FOR PROPERTY
LOCATED ON EAST ROCKLAND KEY AND FURTHER DESCRIBED
AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67
SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE
COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER 9.5,
HAVING REAL ESTATE NUMBER 00121980.000600,
WHEREAS, the Monroe County Planning Commission, during their
regular meeting held on July 11, 2001, conducted a review and
consideration of a request filed by the applicant to amend the Future Land
Use Map (FLUM) from Industrial (I) to Residential High (RH) for property
located on East Rockland Key and further described as Part of Government
Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key,
Monroe County, Florida, having real estate number 00121980.000600.
WHEREAS, the Monroe County Planning Commission examined the
following information:
1. The application from the applicant to change the Future Land Use Map
from Industrial to Residential High (RH); and
2. The staff report prepared by Fred Gross, Island Planning Team Director
and Dianna Stevenson, Biologist, dated June 18, 2001 (revised); and
3. Sworn testimony of Growth Management Staff.
4. Comment of Karen Cabanas, Acting Planning Commission Counsel.
WHEREAS, The Monroe County Planning Commission made the
following Findings of Fact:
1) Section 9.5-511(d)(5)b of the Monroe County Land Use Regulations
allows the Planning Commission to consider adopting an ordinance to enact
map changes under one or more of the six listed conditions, specifically
changed assumptions and new issues.
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2) The applicant would utilize the provisions of Chapter 163,3187(1)(c) of
the Florida Statutes to facilitate the rezoning process which states that "any
local government comprehensive plan amendments directly related to
proposed small scale development activities may be approved without
regard to the statutory limits on the frequency of consideration of
amendments to the local comprehensive plan". Furthermore, Chapter
163.3187(1)(c)(1)(e) states that "the property subject to the proposed
amendment is not located within an area of critical state concern, unless the
project subject to the proposed amendment involves the construction of
affordable housing meeting the criteria of Chapter 420.0004(3) of the
Florida Statutes, and is located within an area of critical state concern
designated by Chapter 380.05(1). Such amendment is not subject to the
density limitations of sub-paragraph (f), and shall be reviewed by the state
land planning agency for consistency with the principles for guiding
development applicable to the area of critical state concern where the
amendment is located".
3) The map amendment will provide a location for construction of much
needed affordable housing in the lower Keys. There are few parcels in the
Lower Keys of sufficient size with appropriate zoning for multifamily
affordable housing projects.
4) On August 15, 2000 a pre-application conference between the applicant
and Planning Department staff was held to discuss construction of an eighty-
five(85) unit affordable housing project. It was determined that amendments
to the Future Land Use Map (FLUM) from Industrial (I) to Residential High
(RH) are necessary for such residential development.
5) The pre-1986 zoning of the subject property was General Use (GU) which
allowed one residential unit per acre.
6) During the pre-1986 Comprehensive Plan process, the land use (zoning)
district of the subject property was changed to Industrial (I).
7) Section 9.5-220 of the Land Development Regulations states that the
purpose of the Industrial District (I) is to establish areas that are suitable for
the development of industrial and manufacturing uses, warehousing and
distribution uses,
8) The Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan followed the land use district boundaries, categorizing
the FLUM for the subject property Industrial (I).
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9) The proposed map amendment seeks to change the existing Future Land
Use Map designation from Industrial (I) to Residential High (RH).
10) The subject property is bordered by the following Future Land Use Map
(FLUM) designations: Residential Medium to the east and Industrial (I) to
the north and west, To the south, the Key West Brewery has recently
completed the process of changing the FLUM designation of its property from
Mixed Use/Commercial (MC) to Industrial (I).
12) The Residential High (RH) Future Land Use category corresponds with
the land use zoning category, Urban Residential (UR), Urban Residential
Mobile Home (URM), and Improved Subdivision D (ISD), The maximum net
density for the UR district is twenty-five units per acre where all units are
designated as affordable housing.
13) Objective 101.11 of the Comprehensive Plan states that Monroe County
shall ensure that at the time a development permit is issued, adequate
public facilities are available to serve the development at the adopted level
of service standards concurrent with the impacts of such development.
Therefore, the provision and availability of public facilities will be reviewed
during the site review process.
14) Section 9.5-511 provides that the Board of County Commissioners may
make a change to the land use map if one or more factors are present. The
proposed amendment is because of changed assumptions about the need
and appropriateness of the site for industrial use and because of new issues
of the county-wide need for affordable housing. '
15) Section 9.5-511 prohibits any map amendments, which would negatively
impact community character. The area is adjacent to an existing residential
community and therefore would not negatively impact the existing
community character which already includes residential development.
16) Goal 102 of the Monroe County Year 2010 Comprehensive Plan states
that Monroe County shall direct future growth to lands which are intrinsically
most suitable for development and shall encourage conservation and
protection of environmentally sensitive lands. The subject property does not
contain any environmentally sensitive lands and therefore is favorable for
future growth under Goal 102.
17) The proposed amendment marginally supports Goal 102 since it changes
the development potential of the subject property. The requested change
would increase the density while decreasing the maximum intensity.
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WHEREAS, the Monroe County Planning Commission made the
following Conclusions of Law:
1) The amendment meets the criteria outlined in Section 9.5-511(d)(4) b.iL
and iv. of the Monroe County Land Development Regulations in that it will
not negatively impact the community character of immediate area.
2) The proposed map amendment/application establishes changed
assumptions and new issues regarding the need and appropriateness of the
subject property for residential development, as contemplated by 9.5-511
(d)(5)(6).
3) The proposed land use change is consistent with Objective 101.4 of the
Monroe County Year 2010 Comprehensive Plan in that it would not
negatively impact the community's character; NOW THEREFORE
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board
of County Commissioners, the request filed by the applicant to change the
Future Land Use Map from Industrial (I) to Residential High (RH) for
property located on part of Government Lot 5, Section 21, Township 67
South, Range 26 East, East Rockland Key, Monroe County, Florida, having
a real estate number of 00121980.000600.
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida, at a regular meeting held on the 11th of July, 2001.
Chair Lynn Mapes
Commissioner David Ritz
Commissioner P. Morgan Hill
Commissioner Denise Werling
Commissioner Jerry Coleman
YES
YES
YES
Absent
YES
PLANNING COMMISSION OF MONROE COUNTY
BY
Lynn Mapes, Chair
Signed this
day of
, 2001.
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PC RESOLUTION NO. P48-01
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY TOPPINO'S INC.
TO AMEND THE LAND USE DISTRICT MAP (ZONING) FROM
INDUSTRIAL (I) TO URBAN RESIDENTIAL (UR) FOR PROPERTY
LOCATED ON EAST ROCKLAND KEY AND FURTHER DESCRIBED
AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67
SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE
COUNTY, FLORIDA APPROXIMATELY AT MILE MARKER 9.5,
HAVING REAL ESTATE NUMBER 00121980,000600.
WHEREAS, the Monroe County Planning Commission, during their
regular meeting held on July 11, 2001, conducted a review and
consideration of a request filed by the applicant to amend the Land Use
District Map (zoning) from Industrial (I) to Urban Residential (UR) for
property located on East Rockland Key and further described as Part of
Government Lot 5, Section 21, Township 67 South, Range 26 East, East
Rockland Key, Monroe County, Florida, having real estate number
00121980,000600.
WHEREAS, the Monroe County Planning Commission examined the
following information:
1. The application from the applicant to change the Land Use District Map
from Industrial to Urban Residential (UR); and
2, The staff report prepared by Fred Gross, Island Planning Team Director
and Dianna Stevenson, Biologist, dated June 18, 2001 (revised); and
3. Sworn testimony of Growth Management Staff.
4. Comments of Karen Cabanas, Acting Planning Commission Counsel.
WHEREAS, The Monroe County Planning Commission made the
following Findings of Fact:
1) Section 9.5-511(d)(5)b. of the Monroe County Land Use Regulations
allows the Planning Commission to consider adopting an ordinance to enact
map changes under one or more of the six listed conditions, specifically
changed assumptions and new issues.
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2) The map amendment will provide a location for the construction of much
needed affordable housing in the lower Keys, There are few parcels in the
Lower Keys of sufficient size and appropriately zoned for multifamily
affordable housing, The subject property is also appropriate for such
residential development due to its lack of environmentally sensitive lands, as
contemplated by Goal 102,
3) On August 15, 2000 a pre-application conference between the applicant
and Planning Department staff was held to discuss construction of an
affordable housing project. It was determined that amendments to the Land
Use District (Zoning) Map would be required from Industrial (I) to Urban
Residential (UR)
4) The pre-1986 zoning of the subject property was General Use (GU) which
allowed one residential unit per acre.
5) During the pre-1986 Comprehensive Plan process, the land use (zoning)
district of the subject property was changed to Industrial (I).
6) Section 9.5-220 of the Land Development Regulations states that the
purpose of the Industrial District (I) is to establish areas that are suitable for
the development of industrial and manufacturing uses, warehousing and
distribution uses.
7) The Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan followed the land use district boundaries, categorizing
the FLUM for the subject property Industrial (I).
8) The proposed map amendment seeks to change the existing Future Land
Use Map designation from Industrial (I) to Residential High (RH).
9) The subject property is bordered by the following Land Use District
designations: Improved Subdivision to the east and Industrial (I) to the
north and west. To the south, the Key West Brewery has recently completed
the process of changing the designation of its property to Industrial (I).
10) Section 9,5-204 of the Land Development Regulations states that the
purpose of the Urban Residential (UR) zoning designation is to provide areas
appropriate for high-density residential uses designed and intended for
persons gainfully employed in the Florida Keys and to create areas to
provide for vacation rental use of detached dwellings, duplexes and multi-
family dwellings. This district should be established at or near employment
centers.
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11) The Residential High (RH) Future Land Use category corresponds with
the land use zoning categories: Urban Residential (UR), Urban Residential
Mobile Home (URM), and Improved Subdivision D (ISO). The maximum net
density for the UR district is twenty-five units per acre where all units are
designated as affordable housing.
12) Objective 101.11 of the Comprehensive Plan states that Monroe County
shall ensure that at the time a development permit is issued, adequate
public facilities are available to serve the development at the adopted level
of service standards concurrent with the impacts of such development.
Therefore, the provision and availability of public facilities will be reviewed
during the site review process.
13) Section 9.5-511 provides that the Board of County Commissioners may
make a change to the land use map if one or more factors are present. The
proposed amendment establishes changed assumptions about the need and
appropriateness of the site for industrial use and because of new issues; the
county-wide need for affordable housing.
14) Section 9.5-511 prohibits any map amendments, which would negatively
impact community character, The area is adjacent to an existing residential
community and therefore would not negatively impact the existing
community character.
15) Goal 102 of the Monroe County Year 2010 Comprehensive Plan states
that Monroe County shall direct future growth to lands which are intrinsically
most suitable for development and shall encourage conservation and
protection of environmentally sensitive lands. The subject property does not
contain our environmentally sensitive lands and therefore is suitable for
future growth as contemplated by Goal 102.
WHEREAS, the Monroe County Planning Commission made the
following Conclusions of Law:
1) The amendment meets the criteria outlined in Section 9.5-511(d)(4) b,ii.
and iv. of the Monroe County Land Development Regulations and will not
negatively impact the community character of immediate area,
2) The proposed map amendment supports Objective 101.11 of the Monroe
County Year 2010 Comprehensive Plan based on the findings of the 2000
Public Facilities Capacity Assessment Report.
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3) The proposed land use change would not negatively impact the
community's character, which is consistent with Objective 101.4 of the
Monroe County Year 2010 Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe
County Board of County Commissioners, of the request by Toppino's, Inc. to
amend the Land Use District Map (Zoning) from Industrial (I) to Urban
Residential (UR) for property located on part of Government Lot 5, Section
21, Township 67 South, Range 26 East, East Rockland Key, Monroe County,
Florida, having a real estate number of 00121980.000600.
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida at a regular meeting held on the 11th of July, 2001.
Chair Lynn Mapes
Commissioner David Ritz
Commissioner p, Morgan Hill
Commissioner Denise Werling
Commissioner Jerry Coleman
YES
YES
YES
ABSENT
YES
PLANNING COMMISSION OF MONROE COUNTY
BY
Lynn Mapes, Chair
Signed this
day of
, 2001.
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DEVELOPMENT REVIEW COMMITTEE
RESOLUTION 017-01
DRC RESOLUTION NO. D 17 - 01
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMmEE RECOMMENDING DENIAL TO THE PLANNING
COMMISSION OF THE REQUEST BY TOPPINO'S, INC. TO AMEND
THE FUTURE LAND USE MAP (FLUM) FROM INDUSTRIAL (I) TO
RESIDENTIAL HIGH (RH) AND TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM INDUSTRIAL (1) TO URBAN
RESIDENTIAL (UR) FOR PROPERlY LOCATED ON EAST ROCKLAND
KEY AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT 5,
SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST
ROCKLAND KEY, MONROE COUNlY, FLORIDA, MILE MARKER 9.5,
HAVING A REAL ESTATE NUMBER 00121980.000600.
WHEREAS, The Monroe County Development Review Committee, during a
regular meeting held on June 19, 2001, conducted a review and consideration of
the request filed by the applicant's agent to amend the Future Land Use Map
(FLUM) from Industrial (I) to Residential High (RH) and to amend the Land Use
District(Zoning) Map from Industrial (I) to Urban Residential (UR) for property
located on East Rockland Key, Government Lot 5, Section 21, Township 67 South,
Range 26 East, Monroe County, Florida, Mile Marker 9.5, having a real estate
number 00121980.000600; and
WHEREAS, The Development Review Committee examined the following
information:
1) The application from Toppino's, Inc. to change the Future Land Use Map (FLUM)
from Industrial (I) to Residential High (RH) and the Land Use District (Zoning) Map
from Industrial (I) to Urban Residential (UR).
2) The staff report prepared by Fred Gross, Island Planning Team Director and
Dianna Stevenson, Biologist, dated June 18, 2001 (revised); and
WHEREAS, The Development Review Committee made the following
Findings of Fact:
1) Section 9.5-511(d)(5)b. of the Monroe County Land Use Regulations allows the
Planning Commission to consider adopting an ordinance to enact map changes
under six listed conditions.
2) This map amendment recognizes that this application was initiated by the
applicant to rezone the subject property to a land use district that permits the
construction of affordable housing. The applicant would utilize the provisions of
Chapter 163.3187(l)(c) of the Florida Statutes to facilitate the rezoning process
which states that "any local government comprehensive plan amendments directly
related to proposed small scale development activities may be approved without
regard to the statutory limits on the frequency of consideration of amendments to
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the local comprehensive plan". Furthermore, Chapter 163.3187(l)(c)(l)(e) states
that "the property subject to the proposed amendment is not located within an area
of critical state concern, unless the project subject to the proposed amendment
involves the construction of affordable housing meeting the criteria of Chapter
420.0004(3) of the Florida Statutes, and is located within an area of critical state
concern designated by Chapter 380.05(1). Such amendment is not subject to the
density limitations of sub-paragraph (f), and shall be reviewed by the state land
planning agency for consistency with the principles for guiding development
applicable to the area of critical state concern where the amendment is located".
3) The pre-1986 zoning of the subject property was General Use (GU).
4) During the pre-1986 Comprehensive Plan process, the land use (zoning) district
of the subject property was changed to Industrial (1).
5) Section 9.5-220 of the Land Development Regulations states that purpose of the
Industrial District (I) is to establish areas that are suitable for the development of
industrial and manufacturing uses, warehousing and distribution uses.
6) The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan
followed the land use district boundaries, categorizing the FLUM for the subject
property Industrial (I).
7) On August 15, 2000 a pre-application conference between the applicant and
Planning Department staff was held to discuss specifics concerning the development
potential of the subject property. Construction of an eighty (80) unit affordable
housing project was the topic of discussion. It was determined that amendments to
the Land Use District (Zoning) Map and the Future Land Use Map (FLUM) would
benefit the applicant and that Conditional Use approval would also be required with
either an (I) or (UR) zoning designation.
8) The proposed map amendment seeks to change the existing Future Land Use
Map designation from Industrial (I) to Residential High (RH) and the current zoning
designation from If')dustrial (I) to Urban Residential (UR).
9) Section 9.5-511 prohibits any map amendments, which would negatively impact
community character.
10) The subject property is bordered by the following zoning designations:
Improved Subdivision (IS) to the east and Industrial (I) to the north and west. To
the south, the Key West Brewery has recently completed the process of changing
the zoning designation of its property from Sub Urban Commercial (SC) to
Industrial (I).
11) The subject property is bordered by the following Future Land Use Map (FLUM)
designations: Residential Medium to the east and Industrial (I) to the north and
west. To the south, the Key West Brewery has recently completed the process of
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changing the FLUM designation of its property from Mixed Use/Commercial (MC) to
Industrial (I). .
12) Section 9.5-204 of the Land Development Regulations states that the purpose
of the Urban Residential (UR) zoning designation is to provide areas appropriate for
high-density residential uses designed and intended for persons gainfully employed
in the Florida Keys and to create areas to provide for vacation rental use of
detached dwellings, duplexes and multi-family dwellings. This district should be
established at or near employment centers.
13) Section 9.5-233 of the Land Development Regulations indicates that the Urban
Residential (UR) zoning district permits detached residential dwelling units as of
right and attached residential dwelling units with minor conditional use approval.
14) The Residential High (RH) Future Land Use category corresponds with the land
use zoning category, Urban Residential (UR).
15) Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts
of such development.
16) The 2000 Public Facilities Assessment Report and the listed programs on storm
water and wastewater indicate that there are no significant concerns regarding
impacts on public facilities.
17) Goal 102 of the Monroe County 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.
18) The proposed map amendment supports Goal 102 as the habitat for the subject
property was found to be already disturbed and scarified. Therefore, no negative
impacts on the natl,Jral resources of the subject property are anticipated.
19) The proposed amendment marginally supports Goal 102 since it changes the
development potential of the subject property. The requested change would
increase the density while decreasing the maximum intensity.
20) A report by the Monroe County traffic consultant recommends that the map
amendment requests not be approved due to the increased volume of traffic the
proposed project would generate and associated operational and safety
concerns/problems and non-conformance with Policy 301.2.2 of the Monroe County
Year 2010 Comprehensive Plan; and
WHEREAS, the Development Review Committee made the following
Conclusions of Law:
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'If..,
1) The amendment does not meet the criteria outlined in Section 9.5-511(d)(4) b.ii.
and iv. of the Monroe County Land Development Regulations and will negatively
impact the character of immediate area.
2) The proposed map amendment does not support Objective 101.11 of the Monroe
County Year 2010 Comprehensive Plan based on the findings of the 2000 Public
Facilities Capacity Assessment Report. There are significant concerns regarding
negative impacts on transportation.
3) The proposed land use change would negatively impact the community's
character, which is not consistent with Objective 101.4 of the Monroe County Year
2010 Comprehensive Plan.
4) The proposed map amendments are not consistent with Policy 301.2.2 of the
Monroe County Year 2010 Comprehensive Plan which states" Monroe County shall
not permit new development, which, in combination with all other developments,
would significantly degrade the LOS below adopted LOS standards".
5) In a report dated April 11, 2001, the Monroe County traffic consultant noted
operational and safety issues relative to the proposed project including intersection,
speed and visibility concerns and recommended that the requested amendments
not be approved.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend DENIAL to the
Monroe County Planning Commission, of the request by Toppino's, Inc. to amend
the Future Land Use Map (FLUM) from Industrial (I) to Urban Residential (UR) and
to amend the Land Use District (Zoning) Map from Industrial (I) to Residential High
(RH).
PASSED AND ADOPTED by the Development Review Committee of Monroe
County, Florida, at its regular meeting of June 19, 2001.
Edward Koconis, A~CP, Island Planning Team Director/DRC Chair YES
Fred Gross, Island Planning Team Director YES
Ralph Gouldy, Senior Environmental Resources Planner YES
Department of Public Works (by Fax) YES
Department of Engineering (by fax) YES
Department of Health (by Fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNlY
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( ;='- t ; ~ ..--\ \ \r 1:--\:
Edward Koconis, AICP, "Island' Pla~nning Team Director/DRC Chair
Signed this 2....Lday of Je i, \ \I , 2001.
BY
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5) The proposed plan generally supports Goal 601 of the Monroe County Year 2010
Comprehensive Plan in that it provides affordable housing to Monroe County. It does not
follow the guidelines in Policy 601.1.8 that preferred sites should be within 5 miles of
employment and retail centers.
RECOMMENDATION:
The staff of the Planning Department understands the need for affordable housing in Monroe County.
However, the staff believes that the proposed location is not appropriate. The location is remote and
ensures the fact that residents will require additional vehicles, make additional trips for work,
shopping, childcare, and entertainment. The lack of public transportation, of play areas within safe
walking distance for children, of nearby competitively priced retail shopping are all disincentives for
housing at the proposed location. The negative impacts associated with their proximity to industrial
uses are significant. The addition of eighty-five dwelling units will overwhelm the streets and open
areas of the small adjacent 59-home community. The increase in traffic at the intersection of Calle Uno
and the Overseas Highway will be dramatic and potentially not able to be resolved due to its location
and geometry. Therefore, Based on the findings of fact and conclusions above, the Planning
Department recommended DENIAL of the proposed Future Land Use Map (FLUM) amendment from
Industrial (1) to Residential High (RH) and the proposed Land Use District (Zoning) Map amendment
from Industrial (1) to Urban Residential (DR).
The Planning Commission, while agreeing with some of the issues mentioned above, believed that the
need for affordable housing far outweighed those concerns and therefore, based on the findings of fact
and conclusions above, the Monroe County Planning Commission recommends APPROVAL of the
proposed Future Land Use Map (FLUM) amendment from Industrial (1) to Residential High (RH) and
the proposed Land Use District (Zoning) Map amendment from Industrial (I) to Urban Residential
(UR).
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PLANNING COMMISSION RESOLUTIONS
P47-01 and P48-01
09/05/2001 10:23 305-289-2535
PLANNING DEPT
PAGE 01/01
"'v' ,---'
County of Monroe
Plannina DeDartment
Suite 410
2798 Overseas Highway
Milrathon, Flortda 33050
Voice: (305) 289 2500
Fax: (305) 289.2536
lloBrd of Countv Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tern Nora WHliams, Dist, 4
Camm. Charles "Sonny" McCoy, Dist, 3
Connn. Murray Nelson, Djst 5
Comm. Dixie Spehar, Dist. 1
NonCE TO SURROUNDING PROPERTY OWNERS
TOPPINO'S, INC. is requesting a Future Land Use Map Amendment from Industrial (I) to
Residential High (RH) and a Land Use District Map Amendment from Industrial (I) to
Urban Residential (UR) for property located at approximately Mile Marker 9 and described
as Government Lot 5, Section 21, Township 67 South, Range 26 East, Rockland Key,
Monroe County, Florida.
LAND USE DISTRI(T: Industrial (I)
A Public Hearing on the proposed changes will take place will on September 05, 2001, at <S-'
the Harvey Government Center, 1200 Truman Ave., Key West, Monroe County, Florida,
beginning at 5:01 PMf at which time the Board of County Commissioners will hear any
information or comments you wish to give regarding the application.
THE HEARING ON THIS PETmON IS NOT LIMITED TO THOSE RECENING THIS NOTICE.
IF YOU KNOW ANY NEIGHBOR OR OTHER AFFECTED PROPERTY OWNER WHO FAILED
TO RECEIVE THIS NOTICE, PLEASE INFORM THEM OF THIS PUBLIC HEARING.
PURSUANT TO SECTION 286.0105 FLORIDA STATUTES, IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERD AT SUCH HEARING OR MEETING, THAT PERSON WILL NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE; SUCH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE
TRANSCRIPT MUST BE FILED AS A PART OF THE RECORD OF THE RECORD OF THE
APPEAL WITHIN THE TIME PROVIDED IN SECTION 9.5-521(f) MONROE COUNTY CODE.
A TRANSCRIPT MADE FROM RECORDINGS OR OTHER "SECONDARY" MEANS, DOES NOT
PROVDE A SUFFICIENTLY ACCURATE RECORD OF ALL THE SPEAKERS. THEREFORE,
SUCH "SECONDARY" TRANSCRIPTS MAY NOT BE ACCEPTED AS A VALID VERBATIM
TRANSCRIPT BY THIS OFACE.
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