Item P1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 17.2000
Bulk Item: Yes No .x
Division: Growth Manuement
Department: Planning
AGENDA ITEM WORDING: A public hearing to consider a zoning map amendment proposed by Robert
Robillard and Sam Stoia changing the zoning map from Urban Residential Mobile Home (URM) to Urban
Residential (UR) for properties described as Mandalay Subdivision, Section 6, Township 62 South, Range 39
East, the Northeasterly 325 feet of Square 3 which runs 250 feet between First and Second Street and having the
RE numbers of 554720 and 554710. The subject properties are located in Key Largo on the Ocean side of U.S.
Highway 1, situated at the comer of First Avenue and Second Street, three blocks in from the U.S. Highway 1
and are at mile marker 97.
ITEM BACKGROUND: This hearing is the only public hearing required for amending the Monroe County
zoning map. The Planning and Environmental Resources departments recommend approval of this request. The
Development Review Committee heard this request on October 7, 1999 and recommends approval. The Planning
Commission heard the request on November 17, 1999 and recommends approval.
PREVIOUS RELEVANT BOARD ACTION: None.
STAFF RECOMMENDATION: APPROVAL
TOTAL COST: N/A BUDGETED: Yes N/A NO
COST TO COUNTY: N/A
AMOUNT PER MONTH N/A PER YEAR N/A
APPROVED BY: County Attorney .x
OMB/Purchasing N/ A
Risk Management N/ A
DEPARTMENT DIRECTOR APPROVAL:
'J(~.PUL8 a~Wj
K. Marlene Conaway
Director of Planning
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To follow
Not required
DISPOSITION:
Agenda Item #:
Agenda Template.doc:
I" PI
MANDALA Y ZONING
MAP AMENDMENT
BOARD OF COUNTY COMMISSIONERS
KEY LARGO LIBRARY
MAY 17,2000
PROPOSED ZONING Af\.1ENDMENT
URBAN RESIDENTIAL MOBILE HOME (URM)
TO
URBAN RESIDENTIAL (UR)
This amendment has been requested by Robert Robillard and Sam Stoia to change the
zoning from Urban Residential Mobile Home (URM) to Urban Residential (DR) for
properties described as Mandalay Subdivision, Section 6, Township 62 Sou~ Range 39
East, the Northeasterly 325 feet of Square 3 which runs 250 feet between First and
Second Street. The subject properties are located in Key Largo on the Ocean side of U.S.
Highway 1. The applicants' properties are situated at the comer of First Avenue and
Second Street, three blocks in from the U.S. Highway 1 and are at mile marker 97 and
having the RE numbers of 554720 and a portion of 554710.
ZONING RECOMMENDATIONS
Staff:
DRC:
Approval
Approval
October 4, 1999 Staff Report
November 17,1999 Resolution #D21-99
pc:
Approval
February 23,2000 Resolution #P82-99
Robillard Property
toia Property
N
Street Map
Monroe County
I
1 "= 1/2 mile
If') ~ql j8
1 998 Experian Aerial Maps
~ "=300'
;J1~ {l,.;(,
/J1 19/39
,
,
'U
, ""\-......-...-..
, '
, "-
,
,
,
,
,URM
,
,
,
,
,
,
,
,
,
,
',,"
....
..
..
..
,
..
~
, '
, '
,,~
~
,
~
~
~
~
~
~
,
~
, ~
, ~
, ~
"
~
~
~
,
~
~
( IQ:IC HMDI
,
,
SR
.
),.\Jt- .,
"', ,,'
S:C
.
I
~
~
,
,
I
I
,
I
,
,
,
,
,
I
,
I
,
,
~
~
~
~
,
,
,
~
,
~
~
~
~
R M ~:~/
,
,
,
,
~
~
" ---- , ~
'-<-- S R' , '.../"y'
, ,~
, , ,
, y
,
,
,
,
.
,
.
.
,
,
,
,
,
.
,
.
,
,
,
!
I
.. . .. -
---
.
Key: Ke
MM: 97
N
Pro osal: from URM to UR
1 "=400' I
Property Description: Mandalay Subd. Pt. Sq. 3, Lots 6,7 & 8,
RE~554710 and Pt. Sq. 3 Lot 9, RE 554720.
Applicant Name:Robillard/Control Air Corp.
Map # : 139 File Number :M99139
M#99138
DRAFT REZONING ORDINANCE
ORDINANCE # -00
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY ROBERT ROBILLARD AND SAM STOIA TO CHANGE
THE OFFICIAL LAND USE DISTRICT MAP (ZONING) FROM
URBAN RESIDENTIAL MOBILE HOME (URM) TO URBAN
RESIDENTIAL (UR) FOR PROPERTIES DESCRIBED AS
MANDALA Y SUBDIVISION, KEY LARGO, LOCATED IN
SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST, THE
NORHTEASTERL Y 325 FEET OF SQUARE 3 WHICH RUNS
250 FEET BETWEEN FIRST AND SECOND STREET,
MONROE COUNTY, FLORIDA, AT APPROXIMATELY MILE
MARKER 97.
WHEREAS, the Board of County Commissioners, during a regular meeting held on May
17, 2000, conducted a review and consideration of the request filed by the applicants' agent to
amend the zoning map from Urban Residential Mobile Home (URM) to Urban Residential (UR)
for the properties described above and having the real estate numbers of 554720 and a portion of
554710.
WHEREAS, the Development Review Committee, Planning Commission and staff
support and recommend approval of this zoning use map amendment from URM to DR as
indicated in resolutions D21-99 and P82-99; and
WHEREAS, the Planning Commission, reviewed and considered the application during
a regular meeting held on February 23,2000, and recommends approval of the request; and
Fact:
WHEREAS, the Board of County Commissioners makes the following Findings of
1. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the
Board of County Commissioners may consider a land use change if at least one of six criteria
is met. Section 9.5-511 also prohibits changes which negatively impact community
character.
2. Objective 101.4 of the 2010 Plan requires that the County regulate future development to
maintain the character of the community.
3. Owners of the subject properties are requesting a rezoning from URM to DR.
4. The Future Land Use Map designation for the subject properties is RH.
5. Pursuant to Policies 101.4.21, DR is consistent with the RH Future Land Use Map (FLUM)
designation.
BOCC Mandalay Zoning Map Ordinance
Page I of4
Initials
6. Policy 101.14.2 of the 2010 Plan states that Monroe County shall prohibit placing mobile
homes within the Coastal High Hazard Area (CHHA) except on an approved lot within an
existing mobile home park or subdivision zoned for such use.
7. Policy 102.3.2 of the 2010 Plan states that Monroe County shall require development
clustering so as to avoid impacts on sensitive habitats and to provide for the preservation of
all required open space in a contiguous, non-fragmented condition.
8. Policy 217.3.2 of the 2010 Plan states that Monroe County shall prohibit construction of
mobile homes within the CHHA except on an approved lot within an existing mobile home
park or subdivision zoned for such use as of the effective date of this plan.
9. Goal 601 of the 2010 Plan states that Monroe County shall adopt programs and policies to
facilitate access by all current and future residents to adequate and affordable housing that is
safe, decent, and structurally sound, and that meets the needs of the population based on type,
tenure characteristics, unit size and individual preferences.
11. Rezoning these properties from URM to DR removes opportunities for placing mobile homes
within the CHHA, pursuant to Policy 101.14.2 and 217.3.2.
12. Objective 601.1 of the 2010 Plan states that by January 4, 1998, Monroe County shall
complete initial implementation of the following dermed policies, including establishment of
a structured monitoring program, to reduce by 50% the current estimated affordable housing
need for households in the in the very low and low income classifications.
10. While the rezoning does not increase the likely development potential of the properties, it
creates opportunities for much needed quality affordable housing in Key Largo.
Law:
WHEREAS, the Board of County Commissioners makes the following Conclusions of
1. This rezoning request meets the criterion outlined in Section 9.5-511 of the Monroe County
Code and will not negatively impact on community character.
2. This rezoning request is compatible with the commercial marine character of this portion of
Marathon and is therefore consistent with Objective 101.4 of the 2010 Plan.
3. The changes to the developmental potential of these sites will also not adversely impact on
natural resources or public facilities.
4. Rezoning these properties is consistent with Policy 101.4.21 of the 2010 Plan since these
properties are designated RH on the FLUM.
5. Rezoning these properties from URM to UR is consistent with Policy 101.14.2 and 217.3.2.
as it removes opportunities for placing mobile homes within the CHHA.
BOCC Mandalay Zoning Map Ordinance
Page 2 of 4
Initials
6. Rezoning these properties from URM to UR creates new opportunities to build more
clustered, affordable housing, pursuant to Goal 60 I and Objective 601.1.
7. Rezoning these properties to UR will provide owners with a mechanism for coming into
conformance with regards to density and use.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
The Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2.
The previously described properties, which are currently zoned Urban Residential
Mobile Home (URM), shall be zoned Urban Residential (DR) as shown on the
attached map, which is hereby incorporated by reference and attached as exhibit 1.
Section 3.
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.
BOCC Mandalay Zoning Map Ordinance
Page 3 of4
Initials
Section 4.
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 held on the day of , A.D., 2000.
Mayor Shirley Freeman
Mayor Pro Tem George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Key Reich
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
APPROVED AS TO FORM
ANDaS~
BY I ~
Attorney's (. ..~...:
ATTEST: DANNYL.KOLHAGE,CLERK
DEPUTY CLERK
Doce Mandalay Zoning Map Ordinance
Page 4 of4
Initials
,
,
,
,
,
,
,
'U
-, ---
" -
,
,
I
,
I
I
I
,
I
,
\
\
\
,
I
,
)
,
,
,
,
,
,
,
,
,
I
,
,
,
,
,
R M ~:.,,'
,
,
"\ "
, "
,,---- , ,
-.,:-- S R'" ... \...,,......,,'
... ...,
... ... ,
... y
,
,
,
,
, ,
, ,
, .
S:C
.
.
.
,
.
.
.
,
,
,
.
.
.
,
,
.
.
,
,
,
,
,
.
.
.
.
.
,
.
,
.
,URM
,
,
,
,
,
,
,
,
,
,
',,'
,
""
I"
, '
, I
'V'
,
I
,
,
,
,
,
,
,
I
, I
, I
"
,
I
,
I
I
I
,
( IlOClIC ~
,
,
,
,
,
'" ,,',
, ,"',"
S'R
"
.
)~.,
!
1
- - -
-..-
.
Key: Ke
MM:97
N
Pro osal: from URM to UR
1".400' I
Property Description: Mandalay Subd. Pt. Sq. 3, Lots 6,7 & 8,
RE~554710 and Pt. Sq. 3 Lot 9, RE 554720.
Applicant Name:Robillard/Control Air Corp.
Map # : 139 File Number :M99139
<(.-::--r0T~"l
~~~
". ~....... -"
MEMORANDUM
TO:
FROM:
The Board of County Commissioners _I\{\
The Planning and Environmental Resources Departrnent~~\\c---
Mandalay Subdivision Land Use District Zoning Map -~
Amendment
April 27, 2000
RE:
DATE:
DIRECTOR OF PLANNING:
K. Marlene Conaway
ENVIRONMENTAL PLANNER:
Sandra Lee
PROPERTY OWNERS:
Robert Robillard & Sam Stoia
EXISTING FUTURE LAND USE DESIGNATION: Residential High (RH)
PROPOSED FUTURE LAND USE DESIGNATION:No Change
EXISTING ZONING DESIGNATION:
Urban Residential Mobile Home
(URM)
PROPOSED ZONING DESIGNATION:
Urban Residential (UR)
PROPERTY INFORMATION
Key: Largo
Mile Marker: 97
Location Detail and Brief Property Description:
The properties are described as Mandalay Subdivision, Section 6, Township 62 South, Range 39
East, the Northeasterly 325 feet of Square 3 which runs 250 feet between First and Second
Street. The subject properties are located in Key Largo on the Ocean side of U.S. Highway 1.
The applicants' properties are situated at the comer of First Avenue and Second Street, three
blocks in from the U.S. Highway 1 and one block in from open water.
Existing Use:
The applicants' properties are currently used for multi-family housing. The applicants' request
does not necessitate a Future Land Use Mapping (FLUM) change, since Urban Residential-
Mobile Home (URM) and Urban Residential (UR) share a Residential High (RH) FLUM
designation.
#M99138 Mandalay Subdivision Map Amendment
manmap I.doc
Page 1
The Robillard property is 31,250 square
feet (.72) acres in size and is currently
developed (see adjoining picture). The
Open Space Ratio for this property is 0.2
due to the site's habitat classification,
which is disturbed, and the URM
requirements. The buildable area for the
property is 25,000 (.58 acres). This site
has a two story concrete base and frame
duplex.
The Robillard property is non-
conforming as to use and density since
duplexes are not pennitted in URM
districts.
The Stoia property, which is also known
as Longview Trailer Park is 50,000
square feet (.92 acres) in size and is
currently developed (see adjoining
picture). A June 3, 1996 letter from the
Monroe County Planning Director
confinned the presence of 24 residential
dwelling units on this site - 22 mobile
homes/RVs and 2 detached dwelling
units at the time of the letter. The 24
residential dwelling unit number was
derived from a site visit and the following
documents: sealed & signed survey dated
4/11/94; property record card; FKAA
billing infonnation; Health Department
inspection on 9/4/70; lease agreements; notarized affidavits and excerpts from the 20 I 0 Plan _
Technical Document.
This property exceeds the allowable density of one dwelling unit per lot with a 10-foot front
setback, a combined minimum setback of 20 feet for both sides and a 10 feet rear setback. The
Stoia property is non-conforming as to current URM setback requirements, density and buffer
standards.
Existing Habitat:
The Monroe County Environmental Resources Department on August 26, 1999 completed a
preliminary vegetation survey and analysis. The site visit revealed that the both properties are
both disturbed. These developed sites are predominately scarified with a few trees, both native
(buttonwoods and gumbo limbo) and non-native (ficus and palms), scattered throughout. These
properties are not recognized habitat to any federal or state listed animal species and are not
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 2
within C.A.R.L. or a critical habitat area. These properties are land locked, upland parcels that
are not effected by waterfront or wetland requirements. The parcel falls within the AE 8, 9 and
10 flood zones per FIRM panell004G, effective date 6-16-95.
Neighboring Land Uses and Character:
The neighboring land uses and character are in keeping with high intensity land uses. The maps
and aerial photo in the packet accompanying this staff report will help clarify the neighboring land uses and
character. Adjacent to the applicant properties on Square 3 which runs 250 feet between First and
Second Street is the Mandalay Trailer Park. There are three marinas, all of which are zoned
Suburban Commercial (SC), that in close proximity to the applicant properties. The Rock Harbor
and Blue Fin Marinas are on the ocean side of Second Street across from the Stoia Property. The
Mandalay Marina and Restaurant is located at the intersection of Second Street and Second
A venue.
There is a boat, trailer and automobile storage area on First Street across from Stoia's property.
There are also several small apartment buildings, duplexes and trailers on First Street across from
the applicant properties. At the Northeast end of the applicant properties there is a mix of trailers
and single family homes zoned Urban Residential Mobile Home (URM). At the Sortheast end of
the applicant properties construction is underway for the Mariners Club development, zoned SC,
which upon completion will consist of 120 townhouse style condominiums bordering on a large
boat basin.
The applicant properties are surrounded by high intensity commercial and residential uses. The
surrounding commercial uses generate a great deal of activity and employment opportunities.
The commercial activities in this area and are well connected to other commercial activities in
this section of Key Largo. Due in part to the high intensity uses of the surrounding areas, most
of the land around these properties is disturbed.
ZONING AND LAND USE mSTORY:
Pre-1986 Zoning:
Robillard's property (Lot 9A) and a portion of Stoia's property (Lot 6A and part of7A) in
Mandalay Subdivision, Square 3, were zoned Business Use Two (BU-2) prior to 1986 and then
rezoned to URMin 1986. The BU-2 districts allowed for a range of medium intensity business
operations, inc.luding retail sales, sale of fuels, mechanical services and warehousing and storage.
The remaining portion of Stoia's property (Lots 8A and part of7A) in Mandalay Subdivision,
Square 3 was zoned Residential Use 5.P (RU-5.P) prior to 1986 and then designated URM in
1986. The RU-5.P districts were intended to permit mobile homes and modular homes on
individually owned lots within a minimum zoned area of 20 acres.
Considerations of These Properties During the 2010 Plan Processes:
No special consideration was given to the properties in either the 1986, or the 2010 planning
process. Upon review of the URM zoning, the Planning Staff designated this area as Residential
High (RH) on its April 15, 1993 Future Land Use Maps (FLUM) which are part of the Monroe
County Year 2010 2010 Plan.
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 3
As detailed in Policy 101.4.4 o/the 2010 Plan, the principal purpose of the Residential High land
use category is to provide for high-density single-family, multi-family, and institutional
residential development, including mobile homes and manufactured housing, located near
employment centers. The RH future land use category corresponds with the Urban Residential
(UR), Urban Residential Mobile Home (URM) and Improved Subdivision Duplex (IS-D) zoning
category .
As detailed in Section 9.5-233 of the Monroe County Code, the UR category allows for detached
and attached residential dwellings, public buildings and uses, home occupations and accessory
uses as a right. The densities allowed in UR districts ranges from one dwelling unit per acre to
25 per buildable acre for affordable housing developments. As detailed in Section 9.5-234 of the
County Code, the URM category allows for detached residential dwellings, mobile homes, home
occupations and accessory uses as a right at a density of one dwelling unit per lot.
The Department of Community Affairs (DCA) and the 2010 Plan direct the County to reduce the
number of properties zoned URM in the County. Policy 101.14.2 of the 2010 Plan prohibits the
placement of mobile homes within the Coastal High Hazard Area (CHHA) except on an
approved lot within an existing mobile home park or subdivision zoned for such use. Policy
217.3.2 prohibits the construction of mobile homes within the CHHA except on an approved lot
within an existing mobile home park or subdivision zoned for such use as of the effective date of
this plan.
GOAL 601 of the 2010 Plan directs the County to adopt programs and policies to facilitate access
by all current and future residents to adequate and affordable housing that is safe, decent, and
structurally sound, and that meets the needs of the population based on type, tenure
characteristics, unit size and individual preferences. Mobile homes and RVs are susceptible to
fire, flood and wind damage due to the nature of their construction and the materials used in
these structures. The safety concerns associated with trailers often increase with the age of these
structures. Re-zoning lands from URM to UR creates opportunities for the removal of mobile
homes and RV's and the replacement of these structures with permanent residential units that are
built to code.
ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-51 Hd)(5)(b):
Section 9.5-511 of the Monroe County Code requires that one of the following five issues are
addressed as a rationale for a change in the land use district zoning designation. The application
addresses issue four of the five issues, which are outlined below.
1. Changed Projections:
None
2. Changed Assumptions:
None
3. Data Errors:
None
4. New Issues:
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 4
4. New Issues:
This rezoning affects two important issues facing Monroe County: the limitation of new
mobile homes (Policies 101.14.2 & 217.3.2) and the provision of more opportunities for
affordable and attached housing (Goal 601). While these are long standing issues in the
County the urgency with which they need to be addressed is 'new'. Hurricane Georges
and Tropical Stonn Mitch destroyed or caused major damaged to many trailers in
Monroe County. Most of this damage was to older mobile homes - one of the largest
source of affordable housing in the Keys. By replacing mobile homes and trailers with
attached affordable housing, Monroe County residents will have more options to live in
quality homes that are better able to withstand flood and wind damage.
It is essential that as affordable units are lost, due to the removal of mobile homes and
RVs, that new affordable housing is brought on line to house displaced residents. The
State and County agreed to raise the maximum net density for affordable housing for UR
zoned lands to 25 units per buildable acre as a way to create more opportunities for
building affordable housing. The applicants' request to rezone their properties from
URM to UR addresses this new issue by limiting the mobile home potential of these
properties and creating new opportunities for affordable housing.
5. Recognition of a Need for Additional Detail or Comprehensiveness:
None
IMPACT AND POLICY ANALYSIS:
Current Development Potential (URM):
Mobile homes, detached residential dwellings, RVs.that meet standards of 513, Florida Statutes,
home occupations, accessory uses and tourist housing (under certain circumstances) are
pennitted as a right in Urban Residential - Mobile Home (URM) districts. Detached residential
dwellings, public buildings and uses, home occupations, accessory uses and vacation rentals
(under certain circumstances) are permitted as a right in Urban Residential- (UR) districts.
Attached residential dwelling units, institutional and institutional -residential uses and parks are
pennitted as a minor conditional uses in UR districts
The Robillard property is currently non-conforming as to use and density, while the Stoia
property is non-conforming as to density (Table 1). Rezoning the applicant properties to UR will
provide them with a mechanism for coming into conformance with regards to density and use.
Mr. Robillard's property is not a designated trailer park, therefore, its density is 1 dwelling unit
per acre. Mr. Stoia's property is a trailer park and therefore has a density of5 dwelling units per
acre.
According to Mr. Stoia, depending on the time of year there are between 25 to 30 units at the
Longview Trailer Park. A June 3, 1996 letter from the Monroe County Planning Department
confinned the existence of twenty-four (24) residential units on this site, twenty-two (22) mobile
home/RVs and two detached dwelling units. Mr. Stoia is prepared to have the units on his
property non-conforming as to density and use since he claims to have all of the paperwork
necessary to 'grandfather the 24 units'. Policy 98-1 outlines the documentation necessary to
qualify for grandfathering units as per Section 9.5-268 of the County Code. The eligibility
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 5
criteria for grandfathering is as follows: the dwelling unit must be used as a principal residence
on January 4, 1996; AND, the dwelling units must be lawfully established.
Table 1:
Owner
Robillard
Existing Development Potential (UR_M)I
Existin2 Allocated by Law
Max Net Difference
Stoia
2 dwelling units
25-30 dwelling units
I dwelling unit
4 dwelling units
o
o
Over density by 1
Over density by 24-29
J. The buildable area calculations are estimates only. A detailed survey for these properties is necessary for
determining exact calculations.
Proposed Land Use Potential (UR):
If the applicant properties were rezoned from URM to UR, their development potential would
increase pursuantto Policy 101.4.21 which indicates allocated densities for this zone. This
rezoning would provide a mechanism to make the applicant properties conforming as to use and
density. The number of new residential units that could be built would depend on the number of
units that would either utilize TDRs or be affordable (Table 2).
Setback requirements will also limit the number of additional units that could be built on these
properties. In order to meet the setback, open space and bufferyard requirements existing
structures would likely be replaced by multi-family structures with small affordable units, such as
efficiencies and one bedroom apartments.
Table 2: Future Development Potential (UR)I
Owner Existin2 Allocated Max Net Mkt with TDRs2
Robillard 2 dwelling units 4
Stoia 25-30 dwelling units 6
6 dwelling units
II dwelling units
Max Net with Affordable!
14 dwelling units
23 dwelling units
J. The buildable area calculations are estimates only. A detailed survey for these properties is necessary for
determining exact calculations.
2. Setback, Open Space. and Bufferyard requirements could reduce the number of affordable units that can be
accommodated on the site
Rezoning the applicant properties to UR will make the Robillard property conforming as to use
and density. This rezoning will not make the Stoia property conforming as to density. To bring
this property into conformance as to density once it is re-zoned Transfers of ROGO Exemptions
(TREs) could be sold by Stoia for any units meeting the grandfathering requirements outlined in
Policy 98-1. These TRES could only be used for affordable housing developments, since by
meeting the grandfathering requirements these units by definition would be residential dwelling
units, not transient units.
Another way to bring Stoia's property into conformance is to transfer Transfers of Development
Rights (TDRs) to this property. Since attached units are considered a minor conditional use in
UR districts any proposed changes to the applicant properties would be subject to review by the
Development Review Committee.
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 6
surrounding the applicant properties, such as the over-density trailer park immediately adjacent
to the Stoia property, and the fact that the applicant properties are not on the water it is unlikely
that units other than those for affordable or middle income households would be marketable on
these properties. Finally, if the trailers on the Stoia property are removed the owner of the trailer
park will be responsible for meeting all applicable legal requirements associated with displacing
residents outlined by federal and state displacement policies, including Section 723 of the
Florida Statues. Therefore, the owner of the Stoia property might need to provide compatible
living arrangements on site for any residents displaced by removing trailers from the Longview
Trailer Park.
Compatibility with Adjacent Land Uses and Effects on Community Character:
Goal 101 of the 2010 Plan states that the County shall manage growth to enhance the quality of
life and ensure the safety of residents and visitors. The proposed amendment supports this goal
by limiting the potential for mobile homes in a Coastal High Hazard Area and creating
opportunities for the construction of quality affordable housing.
Section 9.5-511 of the Monroe County Code prohibits any amendments, which would negatively
impact community character. Objective 101.4 of the 2010 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. While the proposed designation does increase the developmental
potential of this site, these properties are surrounded by high intensity uses with which this
rezoning would be compatible.
Effects on Natural Resources:
Goal 1 02 of the 20 I 0 Plan states that the 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 proposed zoning map amendments supports Goal 1 02 since
it directs increased development to an area that has been FLUMed RH and is surrounded by high
intensity commercial uses.
Effects on Public Facilities:
Objective 101.11 of the 2010 Plan requires the county to direct future growth away from
environmentally sensitive land and towards established development areas served by existing
public facilities. The proposed designations support Objective 101.11 based on the findings of
the 1997 Public Facilities Capacity Assessment Report and the listed programs on stormwater
and wastewater:
Solid Waste: The existing solid waste haul-out contract provides the county with
approximately nine years of guaranteed capacity. The proposed land use change is not
expected to have a significant effect on solid waste generation or removal.
Potable Water: The Florida Keys Aqueduct Authority's existing consumptive use permit
authorizes the withdrawal of sufficient quantities to meet the demand anticipated for
1998. The proposed land use change is not expected to have a significant effect on
potable water withdrawals.
Roads: U.S. Highway 1 is required to maintain a level of service ofC in order to support
additional development. The level of service (LOS) for Key Largo is A, which indicates
an unrestricted flow of traffic. Therefore, this section of the Overseas Highway is
operating above the County standard of LOS C.
#M99138 Manda1ay Subdivision Map Amendment
PC Report.doc
Page 7
Stonnwater: It is unlikely that a net increase in stonnwater runoff could result from this
land use change because Section 9.5-293 of the Land Development Regulations requires
that all development retain stonnwater on site following Best Management Practices
(BMP). Also, pursuant to Policy 101.1.1, all projects shall be designed so that the
discharges will meet Florida State Water Quality Standards.
Compliance review for these sections is detennined by the Environmental Resources
Department and the Department of Health and occurs at the time a development penn it
has been filed. In addition, Monroe County and the South Florida Water Management
District, acting in accordance with Governor Chiles' Executive Order No. 96-108, have
developed an agreement for the development of a Stormwater Management Master Plan.
Wastewater: There are several programs and policies in place that address wastewater
treatment throughout Monroe County:
Policy 901.1.1 provides the interim Level of Service for wastewater treatment plants and
OSDS (On Site Disposal Systems), stating that they must use A WT (Advanced
Wastewater Treatment), BAT (Best Available Technology) and not exceed 100% of their
planned capacity.
Ordinance No. 03-1997, adopted pursuant to Objective 901.2 and related policies,
establishes an inspection and compliance program for OSDS, and requires among other
things, that all (commercial and residential) cesspits be replaced, that all septic tanks be
inspected and if necessary, upgraded to meet state standards.
Policy 101.2.13 is also tied to the inspection and compliance program in that a cesspit
must be replaced with BAT for every single family home permitted under the County's
Rate of Growth Ordinance (ROGO). The proposed land use change will not interfere
with the implementation of these programs because they are ongoing and do not rely
upon a "development permit" trigger.
Effects on Redevelopment and Inlill Potential:
Policies 102.3.2, 103.1.9 and 103.2.3 of the 2010 Plan encourage a compact form of non-
residential growth that promotes infill and clustering. The proposed rezoning of this area directs
future growth to lands which are intrinsically most suitable for further development since they
are already highly developed.
FINDINGS OF FACT:
1. Section 9.5-511 of the Monroe County Code specifies that the Board of County
Commissioners may consider a land use change if at least one of six criteria is met.
2. Section 9.5-511 also prohibits a change which negatively impacts community character.
3. The allocated density for URM districts was reduced from 5 per acre to 1 per acre and the
maximum net density was reduced from 7 to 0 by the 2010 Plan, thereby rendering this
existing mobile home park non-conforming as to density.
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc:
Page 8
4. Objective 101.4 of the 2010 Plan requires that the county regulate future development to
maintain the character of the community.
5. Owners of the subject properties are requesting a rezoning from URM to UR.
6. The Future Land Use Map designation for the subject properties is RH.
7. Pursuant to Policies 101.4.21, UR is consistent with the RH FLUM designation.
8. Policy 102.3.2 of the 2010 Plan states that Monroe County shall require development
clustering so as to avoid impacts on sensitive habitats and to provide for the preservation of
all required open space in a contiguous, non-fragmented condition.
9. Policy 217.3.2 of the 2010 Plan states that Monroe County shall prohibit the construction of
mobile homes within the CHHA except on an approved lot within an existing mobile home
park or subdivision zoned for such use as of the effective date of this plan.
10. GOAL 601 of the 2010 Plan states that Monroe County shall adopt programs and policies to
facilitate access by all current and future residents to adequate and affordable housing that is
safe, decent, and structurally sound, and that meets the needs of the population based on
type, tenure characteristics, unit size and individual preferences.
11. Objective 601.1 of the 2010 Plan states that by January 4, 1998, Monroe County shall
complete initial implementation of the following defined policies, including establishment of
a structured monitoring program, to reduce by 50% the current estimated affordable housing
need for households in the in the very low and low income classifications.
12. This rezoning increases the likely development potential of the properties.
13. Since there are so few areas in the County zoned to accommodate high density development,
replacing mobile homes with elevated multi-family housing is one of the few options
available for providing quality affordable housing built to withstand major storm conditions.
CONCLUSIONS:
1. This zoning request meets the 4th criteria outlined in Section 9.5-511 of the Monroe County
Code and will not negatively impact on community character.
2. This zoning request is in keeping with the commercial marine character and high density
residential of this portion of Key Largo and is therefore consistent with Objective 101.4 of
the 2010 Plan.
3. The changes to the developmental potential of these sites will also not adversely impact on
natural resources or public facilities.
4. The properties are FLUMed RH and pursuant to Policies 101.4.21 UR is consistent with the
RH FLUM designation.
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 9
5. Rezoning these properties from URM to UR removes opportunities for placing mobile homes
within the CHHA, pursuant to Policy 217.3.2.
6. Rezoning these properties from URM to UR creates new opportunities to build more
clustered, affordable housing, pursuant to Goal 601 and Objective 601.1.
7. Rezoning the applicant properties to UR will provide the applicant properties with a
mechanism for coming into conformance with regards to density and use.
8. The new zoning would provide more opportunities to build safer housing in the Keys.
RECOMMENDATION:
Based on the findings of fact and conclusions stated above, the recommendations of the Planning
and Environmental Resources Departments and the approval of the Development Review
Committee (D21-1999) the Planning Department recommends APPROVAL to the Board of
County Commissioners of the proposed zoning change for the applicant properties from Urban
Residential Mobile Home (URM) to Urban Residential (UR).
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 10
PLANNING CO:MMISSION RESOLUTIONS
Resolution No. P 82-99
A RESOLUTION BY TIlE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO TIlE
BOARD OF COUNTY COMMISSIONERS OF TIlE REQUEST
BY ROBERT ROBILLARD AND SAM STOIA TO CHANGE
THE OFFICIAL LAND USE DISTRICT MAP (ZONING) FROM
URBAN RESIDENTIAL MOBILE HOME (URM) TO URBAN
RESIDENTIAL (UR) FOR PROPERTIES DESCRIBED AS
MANDALA Y SUBDIVISION, KEY LARGO, LOCATED IN
SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST, TIlE
NORHTEASTERL Y 325 FEET OF SQUARE 3 WHICH RUNS
250 FEET BETWEEN FIRST AND SECOND STREET,
MONROE COUNTY, FLORIDA, AT APPROXIMATELY MILE
MARKER 97.
WHEREAS, during a regular meeting held on November 17, 1999, the Planning
Commission considered the request filed by property owners to amend the zoning maps for the
properties described above and having the real estate numbers 554710 and 554720 from Urban
Residential Mobile Home (URM) to Urban Residential (UR); and
WHEREAS, the Planning Commission was presented with the following information:
I. The application for a zoning map amendment from Robert Robillard and Sam Stoia to
change the zoning of their properties from URM to UR; and
2. The staff report prepared by Ann Murphy, Comprehensive Planner, and Sandra Lee,
Environmental Planner, dated November 2, 1999; and
WHEREAS, the Planning Commission makes the following FINDINGS OF FACT:
I. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the
Board of County Commissioners may consider a land use change if at least one of six criteria
is met. Section 9.5-511 also prohibits changes which negatively impact community
character.
2. Objective 101.4 of the 2010 Plan requires that the County regulate future development to
maintain the character of the community.
3. Owners of the subject properties are requesting a rezoning from URM to UR.
4. The Future Land Use Map designation for the subject properties is RH.
PC Resolution No. P82-99
page 1 of3
m~
5. Pursuant to Policies 101.4.21, UR is consistent with the RH Future Land Use Map (FLUM)
designation.
6. The allocated density for URM districts was reduced from 5 units per acre to I unit per acre
and the maximum net density was reduced from 7 units per acre to 0 units per acre in January
1996 (Section 9.5-262).
7. Policy 101.14.2 of the 2010 Plan states that Monroe County shall prohibit placing mobile
homes within the Coastal High Hazard Area (CHHA) except on an approved lot within an
existing mobile home park or subdivision zoned for such use.
8. Policy 102.3.2 of the 2010 Plan states that Monroe County shall require development
clustering so as to avoid impacts on sensitive habitats and to provide for the preservation of
all required open space in a contiguous, non-fragmented condition.
9. Policy 217.3.2 of the 2010 Plan states that Monroe County shall prohibit construction of
mobile homes within the CHHA except on an approved lot within an existing mobile home
park or subdivision zoned for such use as of the effective date of this plan.
10. Goal 601 of the 2010 Plan states that Monroe County shall adopt programs and policies to
facilitate access by all current and future residents to adequate and affordable housing that is
safe, decent, and structurally sound, and that meets the needs of the population based on type,
tenure characteristics, unit size and individual preferences.
II. Rezoning these properties from URM to UR removes opportunities for placing mobile homes
within the CHHA, pursuant to Policy 101.14.2 and 217.3.2.
12. Objective 601.1 of the 2010 Plan states that by January 4, 1998, Monroe County shall
complete initial implementation of the following dermed policies, including establishment of
a structured monitoring program, to reduce by 50% the current estimated affordable housing
need for households in the in the very low and low income classifications.
II. While the rezoning does not increase the likely development potential of the properties, it
creates opportunities for much needed quality affordable housing in Key Largo.
WHEREAS, the Planning Commission makes the following CONCLUSIONS:
1. This rezoning request meets the criterion outlined in Section 9.5-511 of the Monroe County
Code and will not negatively impact on community character.
2. This rezoning request is compatible with the commercial marine character of this portion of
Marathon and is therefore consistent with Objective 101.4 of the 2010 Plan.
3. The changes to the developmental potential of these sites will also not adversely impact on
natural resources or public facilities.
PC Resolution No. P82-99
page 2 of3
Initials ~
4. Rezoning these properties is consistent with Policy 101.4.21 of the 2010 Plan since these
properties are designated RH on the FLUM
5. Rezoning these properties from URM to UR is consistent with Policy 101.14.2 and 217.3 .2.
as it removes opportunities for placing mobile homes within the CHHA.
6. Rezoning these properties from URM to UR creates new opportunities to build more
clustered, affordable housing, pursuant to Goal 601 and Objective 601.1.
7. Rezoning these properties to UR will provide owners with a mechanism for coming into
conformance with regards to density and use.
NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions support
its decision to recommend to the Board of County Commissioners APPROV AL of the request by
property owners to amend the zoning maps from Urban Residential Mobile Homes (URM) to
Urban Residential (UR) for the properties described above.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at
a regular meeting held on the 17th of November, 1999.
Chair Mapes YES
Vice-Chair Gorsuch YES
Commissioner Hill YES
Commissioner Marr YES
Commissioner Stuart YES
BY
G COMMIS ON OF
COUNTY, FL RIDA
Signed this ~'" day of 1fl a.~ ,2000.
PC Resolution No. P82-99 page 3 00 Initials
fl
MEMORANDUM
TO:
FROM:
RE:
The Board of County Commissioners
The Planning and Environmental Resources Departments
Mandalay Subdivision Land Use District Zoning Map
Amendment
April 27, 2000
DATE:
DIRECTOR OF PLANNING:
K. Marlene Conaway
ENVIRONMENTAL PLANNER:
Sandra Lee
PROPERTY OWNERS:
Robert Robillard & Sam Stoia
EXISTING FUTURE LAND USE DESIGNATION: Residential High (RH)
PROPOSED FUTURE LAND USE DESIGNATION: No Change
EXISTING ZONING DESIGNATION:
Urban Residential Mobile Home
(URM)
PROPOSED ZONING DESIGNATION:
Urban Residential (UR)
PROPERTY INFORMATION
Key: Largo
Mile Marker: 97
Location Detail and Brief Property Description:
The properties are described as Mandalay Subdivision, Section 6, Township 62 South, Range 39
East, the Northeasterly 325 feet of Square 3 which runs 250 feet between First and Second
Street. The subject properties are located in Key Largo on the Ocean side of U.S. Highway 1.
The applicants' properties are situated at the corner of First Avenue and Second Street, three
blocks in from the U.S. Highway I and one block in from open water.
Existing Use:
The applicants' properties are currently used for multi-family housing. The applicants' request
does not necessitate a Future Land Use Mapping (FLUM) change, since Urban Residential-
Mobile Home (URM) and Urban Residential (UR) share a Residential High (RH) FLUM
designation.
#M99138 Mandalay Subdivision Map Amendment
manmap I.doc
Page 1
The Robillard property is 31,250 square
feet (.72) acres in size and is currently
developed (see adjoining picture). The
Open Space Ratio for this property is 0.2
due to the site's habitat classification,
which is disturbed, and the URM
requirements. The buildable area for the
property is 25,000 (.58 acres). This site
has a two story concrete base and frame
duplex.
The Robillard property is non-
conforming as to use and density since
duplexes are not permitted in URM
districts.
The Stoia property, which is also known
as Longview Trailer Park is 50,000
square feet (.92 acres) in size and is
currently developed (see adjoining
picture). A June 3, 1996 letter from the
Monroe County Planning Director
confirmed the presence of 24 residential
dwelling units on this site - 22 mobile
homeslRVs and 2 detached dwelling
units at the time of the letter. The 24
residential dwelling unit number was
derived from a site visit and the following
documents: sealed & signed survey dated
4/11/94; property record card; FKAA
billing information; Health Department
inspection on 9/4/70; lease agreements; notarized affidavits and excerpts from the 2010 Plan-
Technical Document.
This property exceeds the allowable density of one dwelling unit per lot with a 10-foot front
setback, a combined minimum setback of 20 feet for both sides and a 10 feet rear setback. The
Stoia property is non-conforming as to current URM setback requirements, density and buffer
standards.
Existing Habitat:
The Monroe County Environmental Resources Department on August 26, 1999 completed a
preliminary vegetation survey and analysis. The site visit revealed that the both properties are
both disturbed. These developed sites are predominately scarified with a few trees, both native
(buttonwoods and gumbo limbo) and non-native (ficus and palms), scattered throughout. These
properties are not recognized habitat to any federal or state listed animal species and are not
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 2
within C.A.R.L. or a critical habitat area. These properties are land locked, upland parcels that
are not effected by waterfront or wetland requirements. The parcel falls within the AE 8, 9 and
10 flood zones per FIRM pane11004G, effective date 6-16-95.
Neighboring Land Uses and Character:
The neighboring land uses and character are in keeping with high intensity land uses. The maps
and aerial photo in the packet accompanying this staff report will help clarifY the neighboring land uses and
character. Adjacent to the applicant properties on Square 3 which runs 250 feet between First and
Second Street is the Mandalay Trailer Park. There are three marinas, all of which are zoned
Suburban Commercial (SC), that in close proximity to the applicant properties. The Rock Harbor
and Blue Fin Marinas are on the ocean side of Second Street across from the Stoia Property. The
Mandalay Marina and Restaurant is located at the intersection of Second Street and Second
Avenue.
There is a boat, trailer and automobile storage area on First Street across from Stoia's property.
There are also several small apartment buildings, duplexes and trailers on First Street across from
the applicant properties. At the Northeast end of the applicant properties there is a mix of trailers
and single family homes zoned Urban Residential Mobile Home (URM). At the Sortheast end of
the applicant properties construction is underway for the Mariners Club development, zoned SC,
which upon completion will consist of 120 townhouse style condominiums bordering on a large
boat basin.
The applicant properties are surrounded by high intensity commercial and residential uses. The
surrounding commercial uses generate a great deal of activity and employment opportunities.
The commercial activities in this area and are well connected to other commercial activities in
this section of Key Largo. Due in part to the high intensity uses of the surrounding areas, most
of the land around these properties is disturbed.
ZONING AND LAND USE mSTORY:
Pre-1986 Zoning:
Robillard's property (Lot 9A) and a portion of Stoia's property (Lot 6A and part of7A) in
Mandalay Subdivision, Square 3, were zoned Business Use Two (BU-2) prior to 1986 and then
rezoned to URM in 1986. The BU-2 districts allowed for a range of medium intensity business
operations, including retail sales, sale of fuels, mechanical services and warehousing and storage.
The remaining portion of Stoia's property (Lots 8A and part of7A) in Mandalay Subdivision,
Square 3 was zoned Residential Use 5.P (RU-5.P) prior to 1986 and then designated URM in
1986. The RU-5.P districts were intended to permit mobile homes and modular homes on
individually owned lots within a minimum zoned area of20 acres.
Considerations of These Properties During the 2010 Plan Processes:
No special consideration was given to the properties in either the 1986, or the 2010 planning
process. Upon review of the URM zoning, the Planning Staff designated this area as Residential
High (RH) on its April 15, 1993 Future Land Use Maps (FLUM) which are part of the Monroe
County Year 20 10 20 I 0 Plan.
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 3
As detailed in Policy 101.4.4 of the 2010 Plan, the principal purpose of the Residential High land
use category is to provide for high-density single-family, multi-family, and institutional
residential development, including mobile homes and manufactured housing, located near
employment centers. The RH future land use category corresponds with the Urban Residential
(UR), Urban Residential Mobile Home (URM) and Improved Subdivision Duplex (IS-D) zoning
category .
As detailed in Section 9.5-233 of the Monroe County Code, the UR category allows for detached
and attached residential dwellings, public buildings and uses, home occupations and accessory
uses as a right. The densities allowed in UR districts ranges from one dwelling unit per acre to
25 per buildable acre for affordable housing developments. As detailed in Section 9.5-234 of the
County Code, the URM category allows for detached residential dwellings, mobile homes, home
occupations and accessory uses as a right at a density of one dwelling unit per lot.
The Department of Community Affairs (DCA) and the 2010 Plan direct the County to reduce the
number of properties zoned URM in the County. Policy 101.14.2 of the 2010 Plan prohibits the
placement of mobile homes within the Coastal High Hazard Area (CHHA) except on an
approved lot within an existing mobile home park or subdivision zoned for such use. Policy
217.3.2 prohibits the construction of mobile homes within the CHHA except on an approved lot
within an existing mobile home park or subdivision zoned for such use as ofthe effective date of
this plan.
GOAL 601 of the 2010 Plan directs the County to adopt programs and policies to facilitate access
by all current and future residents to adequate and affordable housing that is safe, decent, and
structurally sound, and that meets the needs of the population based on type, tenure
characteristics, unit size and individual preferences. Mobile homes and RVs are susceptible to
fire, flood and wind damage due to the nature of their construction and the materials used in
these structures. The safety concerns associated with trailers often increase with the age of these
structures. Re-zoning lands from URM to UR creates opportunities for the removal of mobile
homes and RV's and the replacement ofthese structures with permanent residential units that are
built to code.
ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.S-S1Hd)(S)(b):
Section 9.5-511 ofthe Monroe County Code requires that one of the following five issues are
addressed as a rationale for a change in the land use district zoning designation. The application
addresses issue four ofthe five issues, which are outlined below.
1. Changed Projections:
None
2. Changed Assumptions:
None
3. Data Errors:
None
4. New Issues:
This rezoning affects two important issues facing Monroe County: the limitation of new
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 4
mobile homes (Policies 101.14.2 & 217.3.2) and the provision of more opportunities for
affordable and attached housing (Goa/601). While these are long standing issues in the
County the urgency with which they need to be addressed is 'new'. Hurricane Georges
and Tropical Storm Mitch destroyed or caused major damaged to many trailers in
Monroe County. Most of this damage was to older mobile homes - one of the largest
source of affordable housing in the Keys. By replacing mobile homes and trailers with
attached affordable housing, Monroe County residents will have more options to live in
quality homes that are better able to withstand flood and wind damage.
It is essential that as affordable units are lost, due to the removal of mobile homes and
RVs, that new affordable housing is brought on line to house displaced residents. The
State and County agreed to raise the maximum net density for affordable housing for UR
zoned lands to 25 units per buildable acre as a way to create more opportunities for
building affordable housing. The applicants' request to rezone their properties from
URM to UR addresses this new issue by limiting the mobile home potential of these
properties and creating new opportunities for affordable housing.
5. Recognition of a Need for Additional Detail or Comprehensiveness:
None
IMP ACT AND POLICY ANALYSIS:
Current Development Potential (URM):
Mobile homes, detached residential dwellings, RVs that meet standards of 513, Florida Statutes,
home occupations, accessory uses and tourist housing (under certain circumstances) are
permitted as a right in Urban Residential - Mobile Home (URM) districts. Detached residential
dwellings, public buildings and uses, home occupations, accessory uses and vacation rentals
(under certain circumstances) are permitted as a right in Urban Residential- (UR) districts.
Attached residential dwelling units, institutional and institutional -residential uses and parks are
permitted as a minor conditional uses in UR districts
The Robillard property is currently non-conforming as to use and density, while the Stoia
property is non-conforming as to density (Table 1). The 2010 Plan reduced the allocated
densities for URM lands from 5 units per acre to 1 unit per lot. Rezoning the applicant properties
to DR will provide them with a mechanism for coming into conformance with regards to density
and use.
According to Mr. Stoia, depending on the time of year there are between 25 to 30 units at the
Longview Trailer Park. A June 3, 1996 letter from the Monroe County Planning Department
confirmed the existence of twenty-four (24) residential units on this site, twenty-two (22) mobile
home/RVs and two detached dwelling units. Mr. Stoia is prepared to have the units on his
property non-conforming as to density and use since he claims to have all of the paperwork
necessary to 'grandfather the 24 units'. Policy 98- J outlines the documentation necessary to
qualify for grandfathering units as per Section 9.5-268 of the County Code. The eligibility
criteria for grandfathering is as follows: the dwelling unit must be used as a principal residence
on January 4, 1996; AND, the dwelling units must be lawfully established.
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 5
Table 1:
Owner
Robillard
ment Potential UR-
Allocated bv Law
Max Net Difference
Stoia
2 dwelling units
25-30 dwelling units
1 dwelling unit
(.92 x 5) dwelling units
o
o
Over density by 1
Over density by 24-29
J. The buildable area calculations are estimates onlv. A detailed survey for these properties is necessary for
determining exact calculations.
Proposed Land Use Potential (UR):
If the applicant properties were rezoned from URM to UR, their development potential would
increase pursuant to Policy 101.4.21 which indicates allocated densities for this zone. This
rezoning would provide a mechanism to make the applicant properties conforming as to use and
density. The number of new residential units that could be built would depend on the number of
units that would either utilize TDRs or be affordable (Table 2).
Setback requirements will also limit the number of additional units that could be built on these
properties. In order to meet the setback, open space and bufferyard requirements existing
structures would likely be replaced by multi-family structures with small affordable units, such
as efficiencies and one bedroom apartments.
Table 2: Future Develo ment Potential
Owner Existinl! Allocated Max Net Mkt with TDRsz
Robillard 2 dwelling units 4 6 dwelling units
Stoia 25-30 dwelling units 6 11 dwelling units
Max Net with AffordableZ
14 dwelling units
23 dwelling units
J. The buildable area calculations are estimates onlv. A detailed survey for these properties is necessary for
determining exact calculations.
2. Setback, Open Space. and BujJeryard requirements could reduce the number of affordable units that can be
accommodated on the site
Rezoning the applicant properties to UR will make the Robillard property conforming as to use
and density. This rezoning will not make the Stoia property conforming as to density. To bring
this property into conformance as to density once it is re-zoned Transfers of ROGO Exemptions
(TREs) could be sold by Stoia for any units meeting the grandfathering requirements outlined in
Policy 98-1. These TRES could only be used for affordable housing developments, since by
meeting the grandfathering requirements these units by definition would be residential dwelling
units, not transient units.
Another way to bring Stoia's property into conformance is to transfer Transfers of Development
Rights (TDRs) to this property. Since attached units are considered a minor conditional use in
UR districts any proposed changes to the applicant properties would be subject to review by the
Development Review Committee.
There are several reasons why it is highly unlikely that the owners of the applicant properties
would choose to put units other than those for affordable or middle income households on their
properties if they are rezoned DR. First of all the maximum density allocations for these
properties are tied to their providing affordable housing on these sites. Secondly, due to the uses
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 6
surrounding the applicant properties, such as the over-density trailer park immediately adjacent
to the Stoia property, and the fact that the applicant properties are not on the water it is unlikely
that units other than those for affordable or middle income households would be marketable on
these properties. Finally, if the trailers on the Stoia property are removed the owner of the trailer
park will be responsible for meeting all applicable legal requirements associated with displacing
residents outlined by federal and state displacement policies, including Section 723 of the
Florida Statues. Therefore, the owner of the Stoia property might need to provide compatible
living arrangements on site for any residents displaced by removing trailers from the Longview
Trailer Park.
Compatibility with Adjacent Land Uses and Effects on Community Character:
Goal I 01 of the 2010 Plan states that the County shall manage growth to enhance the quality of
life and ensure the safety of residents and visitors. The proposed amendment supports this goal
by limiting the potential for mobile homes in a Coastal High Hazard Area and creating
opportunities for the construction of quality affordable housing.
Section 9.5-511 of the Monroe County Code prohibits any amendments, which would negatively
impact community character. Objective 101.4 of the 2010 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. While the proposed designation does increase the developmental
potential of this site, these properties are surrounded by high intensity uses with which this
rezoning would be compatible.
Effects on Natural Resources:
Goal 102 of the 2010 Plan states that the 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 proposed zoning map amendments supports Goal I 02 since
it directs increased development to an area that has been FLUMed RH and is surrounded by high
intensity commercial uses.
Effects on Public Facilities:
Objective 101.11 of the 2010 Plan requires the county to direct future growth away from
environmentally sensitive land and towards established development areas served by existing
public facilities. The proposed designations support Objective 101.11 based on the findings of
the 1997 Public Facilities Capacity Assessment Report and the listed programs on stormwater
and wastewater:
Solid Waste: The existing solid waste haul-out contract provides the county with
approximately nine years of guaranteed capacity. The proposed land use change is not
expected to have a significant effect on solid waste generation or removal.
Potable Water: The Florida Keys Aqueduct Authority's existing consumptive use penn it
authorizes the withdrawal of sufficient quantities to meet the demand anticipated for
1998. The proposed land use change is not expected to have a significant effect on
potable water withdrawals.
Roads: U.S. Highway I is required to maintain a level of service ofC in order to support
additional development. The level of service (LOS) for Key Largo is A, which indicates
an unrestricted flow of traffic. Therefore, this section of the Overseas Highway is
operating above the County standard of LOS C.
#M99l38 Mandalay Subdivision Map Amendment
PC Report.doc
Page 7
Stormwater: It is unlikely that a net increase in stormwater runoff could result from this
land use change because Section 9.5-293 of the Land Development Regulations requires
that all development retain stormwater on site following Best Management Practices
(BMP). Also, pursuant to Policy 101.1.1, all projects shall be designed so that the
discharges will meet Florida State Water Quality Standards.
Compliance review for these sections is determined by the Environmental Resources
Department and the Department of Health and occurs at the time a development permit
has been filed. In addition, Monroe County and the South Florida Water Management
District, acting in accordance with Governor Chiles' Executive Order No. 96-108, have
developed an agreement for the development of a Stormwater Management Master Plan.
Wastewater: There are several programs and policies in place that address wastewater
treatment throughout Monroe County:
Policy 901.1.1 provides the interim Level of Service for wastewater treatment plants and
OSDS (On Site Disposal Systems), stating that they must use A WT (Advanced
Wastewater Treatment), BAT (Best Available Technology) and not exceed 100% oftheir
planned capacity.
Ordinance No. 03-1997, adopted pursuant to Objective 901.2 and related policies,
establishes an inspection and compliance program for OSDS, and requires among other
things, that all (commercial and residential) cesspits be replaced, that all septic tanks be
inspected and if necessary, upgraded to meet state standards.
Policy 101.2.13 is also tied to the inspection and compliance program in that a cesspit
must be replaced with BAT for every single family home permitted under the County's
Rate of Growth Ordinance (ROGO). The proposed land use change will not interfere
with the implementation of these programs because they are ongoing and do not rely
upon a "development permit" trigger.
Effects on Redevelopment and Infill Potential:
Policies 102.3.2, 103.1.9 and 103.2.3 of the 2010 Plan encourage a compact form of non-
residential growth that promotes infill and clustering. The proposed rezoning of this area directs
future growth to lands which are intrinsically most suitable for further development since they
are already highly developed.
FINDINGS OF FACT:
1. Section 9.5-511 of the Monroe County Code specifies that the Board of County
Commissioners may consider a land use change if at least one of six criteria is met.
2. Section 9.5-511 also prohibits a change which negatively impacts community character.
3. The allocated density for URM districts was reduced from 5 per acre to 1 per acre and the
maximum net density was reduced from 7 to 0 by the 2010 Plan, thereby rendering this
existing mobile home park non-conforming as to density.
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 8
4. Objective 101.4 of the 2010 Plan requires that the county regulate future development to
maintain the character of the community.
5. Owners of the subject properties are requesting a rezoning from URM to UR.
6. The Future Land Use Map designation for the subject properties is RH.
7. Pursuant to Policies 101.4.21, DR is consistent with the RH FLUM designation.
8. Policy 102.3.2 of the 2010 Plan states that Monroe County shall require development
clustering so as to avoid impacts on sensitive habitats and to provide for the preservation of
all required open space in a contiguous, non-fragmented condition.
9. Policy 217.3.2 of the 2010 Plan states that Monroe County shall prohibit the construction of
mobile homes within the CHHA except on an approved lot within an existing mobile home
park or subdivision zoned for such use as of the effective date of this plan.
10. GOAL 601 of the 2010 Plan states that Monroe County shall adopt programs and policies to
facilitate access by all current and future residents to adequate and affordable housing that is
safe, decent, and structurally sound, and that meets the needs of the population based on
type, tenure characteristics, unit size and individual preferences.
11. Objective 601.1 ofthe 2010 Plan states that by January 4, 1998, Monroe County shall
complete initial implementation of the following defined policies, including establishment of
a structured monitoring program, to reduce by 50% the current estimated affordable housing
need for households in the in the very low and low income classifications.
12. This rezoning increases the likely development potential of the properties.
13. Since there are so few areas in the County zoned to accommodate high density development,
replacing mobile homes with elevated multi-family housing is one of the few options
available for providing quality affordable housing built to withstand major storm conditions.
CONCLUSIONS:
1. This zoning request meets the 4th criteria outlined in Section 9.5-511 of the Monroe County
Code and will not negatively impact on community character.
2. This zoning request is in keeping with the commercial marine character and high density
residential of this portion of Key Largo and is therefore consistent with Objective 101.4 of
the 2010 Plan.
3. The changes to the developmental potential of these sites will also not adversely impact on
natural resources or public facilities.
4. The properties are FLUMed RH and pursuant to Policies 101.4.21 DR is consistent with the
RH FLUM designation.
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 9
5. Rezoning these properties from URM to UR removes opportunities for placing mobile homes
within the CHHA, pursuant to Policy 217.3.2.
6. Rezoning these properties from URM to UR creates new opportunities to build more
clustered, affordable housing, pursuant to Goal 601 and Objective 601.1.
7. Rezoning the applicant properties to UR will provide the applicant properties with a
mechanism for coming into conformance with regards to density and use.
8. The new zoning would provide more opportunities to build safer housing in the Keys.
RECOMMENDATION:
Based on the findings of fact and conclusions stated above, the recommendations of the Planning
and Environmental Resources Departments and the approval of the Development Review
Committee (D21-l999) the Planning Department recommends APPROVAL to the Board of
County Commissioners of the proposed zoning change for the applicant properties from Urban
Residential Mobile Home (URM) to Urban Residential (UR).
#M99138 Mandalay Subdivision Map Amendment
PC Report.doc
Page 10