Item D03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 17, 2000
Bulk Item: Yes No X
Division: Growth Management
Department: Planning_
AGENDA ITEM WORDING: Second of two public hearings to consider a Future Land Use Map
amendment proposed by the Monroe County Planning Department changing the future land use
designation from Residential Medium (RM) to Mixed Use/Commercial (MC) for property described as
Lots 521, 522, and 523-534, Port Largo Fifth Addition, Key Largo Section 33, Township 61 South,
Range 39 East; with the following RE Numbers: 00453475-013700, 00453475-013800, and 00453475-
014100.
ITEM BACKGROUND: The first public hearing, or "transmittal" hearing was held on August 11,
1999, where the BOCC recommended approval of the Future Land Use Map (FLUM) amendment
request. The Planning Department transmitted a draft FLUM ordinance to the Department of Community
Affairs (DCA) for its consideration. The DCA has reviewed the proposed Future Land Use Map
amendment and has no objections to the proposed amendment as transmitted.
PREVIOUS RELEVANT BOARD ACTION: The BOCC approved a resolution authorizing the
Planning Department to transmit a draft ordinance that would amend the Future Land Use Map to the
DCA for review.
STAFF RECOMMENDATION: Approval
TOTAL COST: None BUDGETED: Yes N/A No
COST TO COUNTY: None
APPROVED BY: County Attorney _X_ OMB/Purchasing _N/A_ Risk Management N/A_
DEPARTMENT DIRECTOR APPROVAL: X1.
K. Marlene Conaw
�Rlannin2 Direclol
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X To follow
DISPOSITION:
Agenda item page
Timothy
Director c
Not required
Agenda Item #: 2V ID3
MARINA DEL MAR/OCEAN DIVERS
FUTURE LAND USE MAP AMENDMENT
BOARD OF COUNTY COMMISSIONERS
KEY LARGO LIBRARY
FEBRUARY 17, 2000
M#99135
PROPOSED FLUM AMENDMENT
RESIDENTIAL MEDIUM (RM)
TO
MIXED USE/COMMERCIAL (MC)
This amendment has been requested by the Monroe County Planning
Department. The subject properties are described as Lots 521, 522, and 523-
534, Port Largo Fifth Addition, Key Largo Section 33, Township 61 South,
Range 39 East; with the following RE Numbers: 00453475-013700,
00453475-013800, and 00453475-014100.
FLUM RECOMMENDATIONS
Staff: Approval
April 15, 1999
Staff Report
DRC: Approval
April 22, 1999
Resolution #D08-99
PC: Approval
May 19, 1999
Resolution #P36-99
BOCC: Approval
August 11, 1999
Resolution #382-99
M#99135
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N Land Use District Map Key: Key Largo
MM: 99.7
Proposal:None, to remain the same
Property Description:Lots 521 -534, Port Largo Subdivision
5th Addition, Sec. 33, Twn. 61S, Rge. 39E.
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Future Land Use Map
Key: Key Largo
MM: 99.7
Proposal: From RM to MC
Property Description: Lots 521 -534, ~Port Largo Subdivision
5th Addition, Sec. 33, Twn. 61S, Rge. 39E.
Applicant: Planning Dept./Mar arl n,•
Map # : 2
File Number : M99135
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ORDINANCE #. -2000
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
THE PLANNING DEPARTMENT TO CHANGE THE FUTURE
LAND USE MAP OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM (RM)
TO MIXED USE -COMMERCIAL (MC) FOR PROPERTY
DESCRIBED AS LOTS 521, 522, AND 523-534, PORT LARGO
FIFTH ADDITION, KEY LARGO SECTION 33, TOWNSHIP 61
SOUTH, RANGE 39 EAST; WITH THE FOLLOWING RE
NUMBERS: 00453475-013700, 00453475-013800, AND 00453475-
014100.
WHEREAS, the Board of County Commissioners, on April 15, 1993, adopted
the Monroe County Year 2010 Comprehensive Plan, and therefore, designated the above -
described property as Residential Medium (RM) on the Future Land Use Map (FLUM);
and
WHEREAS, the Board of County Commissioners, during a regular meeting held
on August 11, 1999, conducted a review and consideration of a request for a Future Land
Use Map amendment to the Monroe County Year 2010 Comprehensive Plan filed by the
Planning Department to change the future land use designation from Residential Medium
(RM) to Mixed Use/Commercial (MC) for the above -described properties; and
WHEREAS, the Planning and Environmental Resources Departments as well as
the Development Review Committee and Planning Commission have recommended
approval of the request; and
WHEREAS, the DCA reviewed the proposed amendment and does not mention
the amendment in its Objections, Recommendations and Comments Report (ORC); and
WHEREAS, the lack of comments or objections in the DCA's ORC report
constitutes conceptual approval of the amendment; and
WHEREAS, the Planning Department continues to recommend approval of the
amendment; and
WHEREAS, the Board of County Commissioners considers the data and analysis
provided to the agency to be sufficient to warrant the proposed amendment and therefore,
makes no substantive revisions to the staff report or ordinance; and
FLUM Ordinance #M99135 page I of 3 Initials
WHEREAS, on February 17, 2000, the Board of County Commissioners, after
due notice and public participation in the public hearing process, conducted a public
"adoption hearing" to consider adopting the proposed amendment; and
WHEREAS, the Board of County Commissioners has made the following
Findings of Fact:
1. The subject properties are zoned Urban Commercial (UC), and are found in a
business/tourism area adjacent to a large canal in Key Largo.
2. During preparation of the Future Land Use Map associated with the Year 2010
Comprehensive Plan process, a scrivener's error incorrectly designated the
future land use of these properties as Residential Medium (RM).
3. The RM designation is inconsistent with the properties' zoning designation of
Urban Commercial (UC).
4. The Planning Department is now sponsoring this Future Land Use Map
amendment to correct the future land use designation for these three properties
from RM (Residential Medium) to MC (Mixed Use/Commercial) so as to be
consistent with its UC (Urban Commercial) zoning designation.
5. The proposed Future Land Use Map amendment will have no effects on
development potential, compatibility with surrounding areas, natural
resources, public facilities, or redevelopment or infill potential.
6. The proposed Future Land Use Map amendment is proposed to make the
Future Land Use Map consistent with the current land use or zoning map.
WHEREAS, the Board of County Commissioners has made the following
Conclusions of Law:
1. The proposal is simply to correct a situation which occurred based upon a
scrivener's error in the preparation of the Future Land Use Maps.
2. The proposed Future Land Use Map designation amendment is proposed to
make the Future Land Use Map consistent with the current land use or zoning
map.
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.
FLUM Ordinance #M99135 page 2 of 3 Initials
Section 2. The previously described property, which is currently Residential Medium
(RM), shall be designated as Mixed Use/Commercial (MC) as shown on the attached
map, which is hereby incorporated by reference and attached as Exhibit 1.
Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive
Plan shall be amended as delineated in Section 2 above.
Section 4. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6. This ordinance is hereby transmitted to the state land planning agency for
approval or disapproval pursuant to Section 380.0552, Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the secretary of State of the State
of Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or Administration Commission finding the amendment in compliance
with Chapters 163 and 380 of the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the of , 2000.
Mayor Freeman
Mayor Pro Tern Neugent
Commissioner Harvey
Commissioner Williams
Commissioner Reich
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY
Mayor Freeman
APPRO To l�
AND LE OF I NC
BY
ttorney's Offic
FLUM Ordinance #M99135 page 3 of 3 / j Initials
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RH Key Largo
RM
RC
Future Land Use Map Key: Key Largo
Proposed FLU M Amendment M M : 99.7
Proposal: From RM to MC
Property Description: Lots 521 -534, Port Largo Subdivision
5th Addition, Sec. 33, Twn. 61S, Rge. 39E.
Applicant Name: Planning Dept. /Marina Del Mar/Ocean Divers
Map # : 2 1 File Number : M99135
MEMORANDUM
TO: The Board of County Commissioners
FROM: K. Marlene Conaway-Vry�
Planning Director
RE: Staff -generated FLUM amendment for Marina Del Mar and Ocean Divers
DATE: August 11, 1999
Revised January 25, 2000
MEETING DATE: August 11, 1999 for Transmittal Hearing
February 17, 2000 for Adoption Hearing
The Planning Department transmitted this staff report along with a draft ordinance to the
Department of Community Affairs for its consideration. The agency has rendered its Objections,
Recommendations and Comments report on this and other plan amendments. The DCA raised no
objections, recommendations, or comments with respect to this proposed amendment.
This Staff Report remains unchanged.
COMPREHENSIVE PLANNER:
ENVIRONMENTAL PLANNER:
PROPERTY OWNER:
AGENT:
Chad Meadows
Ralph Gouldy
Ocean Divers Inc.; J. Clark & R. Schweinler; Marr
Resort Properties, Inc.
Monroe County Planning Department
EXISTING FUTURE LAND USE DESIGNATION: Residential Medium (RM)
PROPOSED FUTURE LAND USE DESIGNATION: Mixed Use/Commercial (MC)
EXISTING ZONING DESIGNATION: Urban Commercial (UC)
PROPOSED ZONING DESIGNATION: No zoning change needed
PROPERTY INFORMATION
Key: Key Largo
Mile Marker: 99.7
Size: 3 properties composing a total of 254,984 square feet, or 5.84 acres
Ocean Divers = 12,500 sq. ft.
Clark & Schweinler = 12,500 sq. ft.
#M99135 Marina Del Mar/Ocean Divers FLUM Amendment
BOCC Staff Report
Page 1
Marina Del Mar = 229,599 sq. ft. (5.26 acres)
Location Detail and Brief Property Description:
The three properties are described as Lots 521, 522, and 523-534, Port Largo Fifth Addition, Key Largo
Section 33, Township 61 South, Range 39 East; with the following RE Numbers: 00453475-013700,
00453475-013800, and 00453475-014100. The properties are located in Key Largo on the ocean side of
U.S. Highway I off of Caribbean Avenue.
Existing or Proposed Use:
This proposed future land use map amendment deals with three separate properties. The largest property
contains the Club Coconuts restaurant and bar and the Marina Del Mar Resort with its associated land
uses (pool, parking, maintenance etc.). The property adjacent to the Marina Del Mar is owned by Joseph
Clark and Robert Schweinler, and contains a 70' x 45' building housing the Ocean Divers Dive Shop, and
a restaurant. The third property lies to the southeast of Ocean Divers and contains a parking lot. All three
properties back up to a canal and have a dock with multiple boat slips. There are no proposed changes in
use associated with this future land use map designation correction.
Neighboring Land Uses and Character:
The surrounding area is largely developed with commercial, residential, and tourist -related uses. The
subject properties are located adjacent to the Port Largo subdivision and border a large canal. Properties
to the west front US Highway 1 and are zoned Urban Commercial. Properties to the east are primarily
exclusive single family homes fronting canals and zoned Improved Subdivision. To the north and across
the canal lies a Best Western Motel, which is zoned Suburban Commercial. To the south and across
Caribbean Drive are a mixture of single-family homes and duplexes. The zoning along this portion of the
street is Improved Subdivision.
Existing Habitat:
The properties are developed with buildings or parking. There is some landscaping present on the road
and canal sides.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
Information from Sheet 275 of the 1985 Habitat Classification Map indicates that this habitat was a type
740, or disturbed.
ZONING AND LAND USE HISTORY
Pre-1986 Zoning:
The western properties were zoned RU-7 (residential -Tourist District) and BU-2-F (Medium Business
with the ability to serve Spirits). The properties on the eastern end were zoned BU-2 (Medium Business)
prior to 1986. This indicates the business/tourism character of these properties.
Considerations of this property during the 1986 and 2010 Comprehensive Plan Processes:
See next section on the Analysis and Rationale for Change for more information on considerations for the
these three properties.
ANALYSIS AND RATIONALE FOR CHANGE
Scrivener's Errors:
#M99135 Marina Del Mar/Ocean Divers FLUM Amendment
BOCC Staff Report
Page 2