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Item P3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mav 17.2000 Bulk Item: Yes No X Division: Growth Management Department: Planning AGENDA ITEM WORDING: A public hearing to consider a future land use amendment from Mixed Use Commercial (MC) to Residential Medium (RM) and a zoning map amendment from Sub Urban Commercial (SC) to Improved Subdivision (IS). Twenty-one properties in Sections 14, Township 62 South, Range 38 East in Monroe County, Florida, are included in this map amendment. The properties are located between U.S. Highway 1 (to the north) and Seaside Avenue (to the south), and between Palm Drive (to the east) and Lime Avenue (to the west). Coconut Drive bisects the two blocks of the neighborhood, connecting Seaside Avenue with U.S. Highway 1. The properties are located on Key Largo at approximately mile marker 95. ITEM BACKGROUND: This "transmittal" hearing is one of two public hearings required for amendments to the Year 2010 Comprehensive Plan. This proposed amendment will be transmitted to the Department of Community Affairs for review. Then, a second public hearing, "adoption" hearing will be held so that the BOCC can adopt the both a FLUM ordinance and a corresponding rezoning ordinance. The Planning and Environmental Resources departments recommend approval of this request. The Development Review Committee heard this request on January 20, 2000 and recommends approval. The Planning Commission heard the request on February 23, 2000 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: DIVISION DIRECTOR APPROVAL: To follow Not required Agenda Item #: ~ DOCUMENTATION: Included X DISPOSITION: Agenda Template.doc MILLER PROPERTIES FUTURE LAND USE AMENDMENT AND ZONING MAP AMENDMENT TRANSMITTAL HEARING BOARD OF COUNTY COMMISSIONERS KEY LARGO LIBRARY MAY 17,2000 M#99146 PROPOSED FUTURE LAND USE AMENDMENT MIXED USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM) & PROPOSED ZONING AMENDMENT SUBURBAN COMMERCIAL (SC) TO IMPROVED SUBDIVISION (IS) This amendment has been requested by Clinton Miller to changing the Future Land Use Map designation from Mixed Use Commercial (MC) to Residential Medium (RM) and the zoning from Suburban Commercial (SC) Improved Subdivision (IS) for the properties described as Re Sub Seaside PB2-10 Key Largo - Lots designated from original Plat PBI-97 as Lot 5 SQR 5 RE 00492380-000000; and Re Sub Seaside PB2-10 Key Largo- Lots designated from original Plat PB 1-97 as Lot 6 SQR 5 and ADJ BB RE 00492390- 000000); and 14 62 38 Island of Key Largo Bay Bottom ADJ to Lot 5 Blk 5 Seaside PBI-97, RE 00088780-000000. The subject properties are located at approximately MM 94.5 FUTURE LAND USE RECOMMENDATIONS Staff: Approval January 17,2000 Staff Report DRC: Approval January 20, 2000 Resolution #DO 1-00 PC: Approval February 23, 2000 Resolution #P 17 -00 ZONING RECOMMENDATIONS Staff: Approval January 17,2000 Staff Report DRC: Approval January 20, 2000 Resolution #D02-00 PC: Approval February 23, 2000 Resolution #PI8-00 Miller Prooertv "1.'11..1. 1,1 I', PIGE~ KEllU PARK 116 94 DOVE C:jEY N Street Map Monroe County /190 JLj3 I 1" 1/2 mile N ~ 1 998 Experian Aerial Maps 111=300. ~igeOn Key Dove Key Long Point I n t N Key: Largo MM: 95 Pro osal: Lots 5 and 6 to RM Property Description: Lots 5 and 6 and Adjacent Bay Bottom, Block 5, Re-Sub Seaside 1 "=2000' I Applicant Name: Map #: 2 Clinton E. Miller File Number : M99143 ~SR CPt · . ~. . me,. 1:11 · I · : I . .. , I I ~ :i:'tl 1 I ~~ ~~ -'" I ,-, R"~' , , " , , , " , " , , " , , " ' --~--------_... '.... ........ "- SC ~'\ ,', '" ',~, '" --- " ,-- " , , , , , , , , , , , , , , , , .,.- \...,. .,.-'" .,'" .,.'" , ", " ("' '"' \ \ I~ . , .\. #" , # ,~ , , .;- " 1,,, , , .,. to N 1 Key: Largo MM: 95 Adjacent Bay Bottom, Block 5, Re-Sub Seaside to IS Property Description: Lots 5 & 6 and Adjacent Bay Bottom, Block 5. Seaside Re-Sub 1 "=400' I Applicant Name: Map #: 145 Clinton E Miller File Number M99143 M#991143 TRANSMITTAL RESOLUTION RESOLUTION NO. -2000 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM) FOR PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT BA Y BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62, RANGE 38, AT APPROXIMATELY MILE MARKER 94.5, HAVING THE REAL ESTATE IDENTIFICATION NUMBERS 00492380-000000, 00492390-000000 AND 00088780-000000. 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 the Monroe County Year 2010 Comprehensive Plan, changing the future land use designation of the properties described above; and WHEREAS, the 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 attached draft ordinance (marked as Exhibit 1) for adoption of the proposed Future Land Use Map amendment. Section 2. The Board of County Commissioners does hereby transmit the proposed amendment as part of the second (2nd) set of comprehensive plan amendments for 2000 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0552, 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-ll.006 of the Florida Administrative Code; and Transmittal Resolution #M99143 page 1 of2 Initials Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the _ of , 2000. Mayor Freeman Mayor Pro Tern Neugent Commissioner Harvey Commissioner Williams Commissioner Reich BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Freeman (Seal) Deputy Clerk APPROVED AS TO FORM :~4? Attorney's Office ATTEST: DANNY 1. KOLHAGE, CLERK Transmittal Resolution #M99143 page 2 of2 Initials EXHIBIT 1 DRAFT FLUM ORDINANCE M#991143 ORDINANCE NO. -00 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST BY CLINTON MILLER TO AMEND THE FUTURE LAND USE MAP FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM) FOR PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT BAY BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62, RANGE 38, AT APPROXIMATELY MILE MARKER 94.5. WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on May 17, 2000, conducted a review and consideration of the request filed by the applicant's agent to amend the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM) for properties located on Seaside Avenue in Re-sub Seaside Subdivision, Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate identification numbers 00492380-000000, 00492390-000000 and 00088780-000000. WHEREAS, the Development Review Committee, Planning Commission and staff support and recommend approval of this future land use map amendment from MC to RM as indicated in resolutions D-OI-00 and P-17-00; and WHEREAS, the Planning Commission held a public hearing on February 23, 2000 and recommends the approval of the request; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 2. 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. 3. This map amendment has been initiated by the property owner to address the recognition of a need for additional detail or comprehensiveness. The applicants' agent, Gay Marie Smith, listed the following reasons for requesting a rezoning of the subject properties: 1. These properties in the past have been granted a building permit for a single family residence. BOCC Ordinance to Amend FLUM File M#99143 Page 1 of 5 Initials 11. The construction of the residence was started but upon completing a portion of the structure, the owner allowed the permit to elapse Hi. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS) and has a single family home on it. Lot 7 to the northeast of the subject properties has had a map amendment change and is now also zoned IS. IV. The subject properties are located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. 4. The Planning Department's review of this map amendment indicates that the first three additional detail items (i., ii., and iii.) raised by the applicants' agent are not entirely accurate. There are no active permits on file with the Monroe County Building Department, or any record of a ROGO application having been made to construct the foundation. Lot 4 to the southwest of the subject properties is actually zoned Suburban Commercial (SC), not Improved Subdivision (IS). However, The subject properties ARE located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. 5. The subject properties currently have the Future Land Use category Mixed Use Commercial (MC) which provides for the establishment of commercial zoning districts where various types of commercial retail and office uses may be permitted. 6. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use category Mixed Use Commercial (MC) was applied to the subject properties, following the existing zoning. Seaview Boulevard, which bisects Seaside Avenue (the street on to which the subject properties front), serves as the zoning district boundary between Suburban Commercial (SC) zoning to the south and Improved Subdivision (IS) zoning to the north. There have been several boundary changes and re-zonings in the vicinity of the subject properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings between 1986 and 1988 to identify errors brought forward by property owners. As a result of these hearings, one boundary change was approved by the Board of County Commissioners in June 1988. This change pertains to Lot 7, adjacent to Lot 6 of the subject properties, whereby the boundaries were amended to remove the property from the Surburban Commercial (SC) zoning district and include it in the Improved Subdivision (IS) zoning district. A second interpretation was made in December 1988, by Assistant County Administrator for the Growth Management Division, which resulted in a determination that a mapping error led to a small portion of Seaside and Seaside Re-subdivision to the east of Ocean View Boulevard being incorrectly zoned Improved Subdivison (IS). These properties were included in the Suburban Commercial (SC) zoning district in September 1991. 7. Policy 101.4.4 states that the purpose of the Residential Medium (RM) land use category is to recognize those portions of subdivisions that were" lawfully established and improved prior to the adoption of this plan and to define improved subdivisions as those lots served by a dedicated BOCC Ordinance to Amend FLUM File M#99143 Page 2 of5 Initials and accepted existing roadway, have an approved potable water supply, and have sufficient uplands to accommodate the residential uses. Development on vacant land within this land use category shall be limited to one residential dwelling unit for each such platted lot or parcel which existed at the time of plan adoption. 8. Though FLUMed Mixed Use Commercial (MC), the Seaside Re-Subdivision is primarily a residential neighborhood, with approximately 50% of the lots developed and the remaining 50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina is located three properties to the northwest of the subject properties, with a buffer of two vacant lots between the restaurant and the residence on the property adjacent to the subject properties. Several vacant lots across the road from the restaurant provide parking for Snappers patrons. The remainder of the street is residential. 9. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the subject properties. 10. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 11. The subject properties are already fully built out but for three properties. Changing the Future Land Use Map will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. 12. 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. 13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 14. Goal 102 of the 2010 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. 15. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated. WHEREAS, the Board of County Commissioners makes the following Conclusions of Law: 1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Anglers Park North neighborhood. BOCC Ordinance to Amend FLUM File M#99143 Page 3 of 5 Initials 2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into conformance. 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 4. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, will facilitate infill in an already developed neighborhood, will enable redevelopment of existing apartment buildings that were constructed in the 1970's and will enable more expeditious reconstruction in the event of destruction of the buildings, by facilitating easier access to building permits. 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 Mixed Use/Commercial shall be designated as Residential Medium (RM) 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. BOCC Ordinance to Amend FLUM File M#99143 Page 4 of 5 Initials 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 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 Chapter 163. 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 Tern 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 :Z~ '. Attorney's Office ATTEST: DANNY 1. KOLHAGE, CLERK DEPUTY CLERK BOCC Ordinance to Amend FLUM File M#99143 Page 5 of5 Initials Key n t N 1 "=2000' I Dove Key Lon 9 Poi n t Key: Largo MM: 95 Property Description: Lots 5 and 6 and Adjacent Bay Bottom. Block 5. Re-Sub Seaside Applicant Name: Map#: 2 Clinton E. Miller File Number : M99143 M#991143 DRAFT REZONING ORDINANCE ORDINANCE NO. -00 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING TIlE REQUEST BY CLINTON MILLER TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC) TO IMPROVED SUBDIVISION (IS) FOR PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT BAY BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62, RANGE 38, AT APPROXIMATELY MILE MARKER 94.5. 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 Suburban Commercial (SC) to Improved Subdivision (IS) for properties located on Seaside Avenue in Re-sub Seaside Subdivision, Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate identification numbers 00492380- 000000,00492390-000000 and 00088780-000000. WHEREAS, the Development Review Committee, Planning Commission and staff support and recommend approval of this zoning use map amendment from SC to IS as indicated in resolutions D-02-00 and P-18-00; and WHEREAS, the Planning Commission reviewed and considered the application during a regular meeting held February 23,2000, and recommends the approval of the request; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 2. 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. 3. This map amendment has been initiated by the property owner to address the recognition of a need for additional detail or comprehensiveness. The applicants' agent, Gay Marie Smith, listed the following reasons for requesting a rezoning of the subject properties: 1. These properties in the past have been granted a building permit for a single family residence. BOCC Ordinance to Amend Zoning Map File M#99143 Page 1 of4 Initials ii. The construction of the residence was started but upon completing a portion of the structure, the owner allowed the permit to elapse. iii. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS) and has a single family home on it. Lot 7 to the northeast of the subject properties has had a map amendment change and is now also zoned IS. iv. The subject properties are located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. 4. The Planning Department's review of this map amendment indicate that the fIrst two additional detail items (i., ii., and iii.) raised by the applicants' agent are not entirely accurate. There are no active permits on file with the Monroe County Building Department, or any record of a ROGO application having been made to construct the foundation. Lot 4 to the southwest of the subject properties is actually zoned Suburban Commercial (SC), not Improved Subdivision (IS). However, The subject properties ARE located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. 5. The subject properties currently have the mapping category Suburban Commercial (SC), which does not allow single family homes. 6. The purpose of the Sub Urban Commercial (SC) zoning district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. This district should be established at locations convenient and accessible to residential areas without use of U.S. 1. 7. The purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter, For the purpose of this section, improved lots are those which are served by a dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient uplands to accommodated the proposed use in accordance with the required setbacks. 8. Though zoned Suburban Commercial (SC), the Seaside Re-Subdivision is primarily a residential neighborhood, with approximately 50% of the lots developed and the remaining 50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina is located three properties to the northwest of the subject properties, with a buffer of two vacant lots between the restaurant and the residence on the property adjacent to the subject properties. Several vacant lots across the road from the restaurant provide parking for Snappers patrons. The remainder of the street is residential. 9. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate zoning map category for the subject properties. BOCC Ordinance to Amend Zoning Map File M#99143 Page 2 of4 Initials 10. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 11. The subject properties are already fully built out but for three properties. Changing the zoning map will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. 12. 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. 13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 14. Goal 102 of the 2010 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. 15. The proposed zoning map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated; and WHEREAS, the Board of County Commissioners makes the following Conclusions of Law: 1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Anglers Park North neighborhood. 2. The proposed zoning map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into conformance. 3. The proposed zoning map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 4. The proposed zoning map amendment supports and is consistent with Goal 102 of the Monroe County Year 20 10 Comprehensive Plan as it will not have any significant impacts on the natural environment, will facilitate infill in an already developed neighborhood, will enable redevelopment of existing apartment buildings that were constructed in the 1970's and will enable more expeditious reconstruction in the event of destruction of the buildings, by facilitating easier access to building permits. BOCC Ordinance to Amend Zoning Map File M#99143 Page 3 of4 Initials NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board specifically adopts the fmdings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently zoned Recreational Vehicle (RV), shall be zoned Improved Subdivision (IS) 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. 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 :t1~~~~~~ Attorney's Office ATTEST: DANNY 1. KOLHAGE, CLERK DEPUTY CLERK BOCC Ordinance to Amend Zoning Map File M#99143 Page 4 of 4 Initials , , , LAAGOS R .. . . ~ :p~l ...L-I , " , R"~' , , " , ... , " , " , , " , , , SC ~''.,. "... ...,... ',~... '~"_.. .- , , " , , , , , , , , , ., , , , , , , , .,.- "".,. .,., ---- " , , " , ,,' '" '"' \ \ c . , -"- .I. , # " , " .; " ~" , "" .. I -----... .,.-' .,.'" -- N Key: Largo MM: 95 Pro osal: Lots 5 and 6 and Adjacent Bay Bottom, Block 5, Re-Sub Seaside 'to IS Property Description: Lots 5 & 6 and Adjacent Bay Bottom, Block 5, Seaside Re-Sub 1 "=400' I Applicant Name: Map #: 145 Clinton E Miller File Number M99143 STAFF REPORT MEMORANDUM TO: Board of County Commissioners ,;/1 / K. Marlene Conaway, Director of Planning and Environmental Reso~ ~ Sandra Lee, Upper Keys Biologist FROM: RE: Miller Rezoning Seaside and Seaside Re-Subdivision SC to IS File MM99143 DATE: April 27, 2000 EXISTING FUTURE LAND USE DESIGNATION: Mixed Use Commercial (MC) PROPOSED FUTURE LAND USE DESIGNATION: Residential Medium (RM) EXISTING ZONING DESIGNATION: Sub Urban Commercial (SC) PROPOSED ZONING DESIGNATIONS: Improved Subdivision (IS) PROPERTY OWNER: Clinton E. Miller AGENT: Gay Marie Smith PROPERTY INFORMATION Key: Key Largo Size: 32,851 square feet (.75 acre being .29 acre land plus .46 acre bay bottom) Mile Marker: MM 94.5 of U.S. Highway No. I Location Detail & Brief Description: The Clinton E. Miller properties are located in Seaside Subdivision, on Seaside Avenue in Key Largo. The properties are situated between the Atlantic Ocean to the southeast, and are one block from U.S. Highway 1, which lies to the northwest. A collector road, Ocean View Boulevard, leads neighborhood traffic from Seaside Avenue to U.S. Highway I, at approximately MM 94.5. The subject properties are located at 39 Seaside Avenue, in Section 14, Township 62 South, Range 38 East, and are described as: Map Amendment From SC to IS File #M99143 Re Sub Seaside PB2-1 0 Key Largo - Lots designated from original Plat PB 1-97 as Lot 5 SQR 5 OR427- 327 OR812-1141/1142 OR 885-478/479CT OR1318-11/12 (CW) ORI426-2038/39 (CW) (RE 00492380-000000); and Re Sub Seaside PB2-10 Key Largo - Lots designated from original Plat PB 1-97 as Lot 6 SQR 5 and ADJ BB OR431-579, OR797-1107, OR801-1595, OR 810-33C, OR81O-34C, ORI133-7290/C(CMS), OR1306-1455 (CW), OR1326-1441/42 (CW) (RE 00492390-000000); and 146238 Island of Key Largo Bay Bottom ADJ to Lot 5 Blk 5 Seaside PBI-97, OR 32-9/10, OR44-192, OR 449-838, OR 812-1141/42, OR885-478179CT, OR 1318-11/12 (CW), ORI426-2038/39 (CW) (RE 00088780-000000). , .,.-'~ // ", ':.- ~: ....----~'(..;........ -",.. " "'". .~~ <,} . ,~' 1:1~-; 0)' .. I, , .l;(~~"- " -' I'~ [I" .- . \ . . "'r '[1\1[1\1 / ': .: ,', ; r( >;, pi II \ ~ I' ' ~',.rtl ,-' ;L:4'.'~:':,; ')}-fJ / " " ~~r~l~ , ,,,\ I, \ 1 ( ~-" , Ijl"I':1 I :;'\"';\"1 _J'!'{~~'~." ~,~~\I~~ ~ " I \ f _ 1 - . ,:; I' , COl '-i ~ " Ii': ~ .J~_~- \- ~,.JI d I' , .'J' ,~:~ 1-', \~ __~j7., ',I,,~\ . ==- ~~, ",VIo"'""....... - ~. .. ~ , \ \ -: " '. ,- ~ , ' - Figure 1. View of Subject Property Looking North West Figure 2. View of the Subject Property Looking South East ",-.;\, Existing Use: The subject properties are two side by side lots of equal size, each having a 50.54 foot frontage on Seaside A venue, and a depth of 125 feet. A contiguous parcel of submerged land 50.54 feet wide and 200 feet deep is held as part of each property, by Deed 21,013 from the Trustees Improvement Fund of the State of Florida, giving access to the Atlantic Ocean. Those portions of this submerged water lot associated with the subject properties are included in the re-zoning application. A concrete foundation measuring 44 feet by 38 feet, and 12 concrete pillars for an elevated structure were built on Lot 5 in 1996. The structure first shows up on aerial photographs in 1997. There is no active permit for construction on record with the Monroe County Building Department. Citations relating to the condition of the structure were issued by Monroe County Code Enforcement in December 1998. This case will be presented to the Special Master on October 28, 1999. Map Amendment From SC to IS File #M99143 2 Each lot is approximately 50.54 feet wide and 260 feet to the altered shoreline along the lot line between Lots 5 and 6. The 'outside' lot lines (adjacent to Lots 4 and 7) are approximately 160 feet to the altered shoreline of the boat basins which have been cut-in along the property line between Lots 4 and 5 and between Lots 6 and 7. The shoreline is altered with concrete and rip-rap between Lots 5 and 6. The boat basin on Lot 5 has a concrete bulkhead. There is a small concrete dock along the canal edge on Lot 6. Currently, parts of the submerged lot are being used for boat dockage and storage of related supplies, including two small boats (not on trailers), one boat trailer and several beehives on Lot 5 and two vessels, a small trailer, old palm fronds and horticultural debris on Lot 6. A professional land survey, prepared by Hal Thomas in 1999, shows the concrete foundation to overlap the land and submerged land lots. Section 9.5-281, Minimum Yards, of the Land Development Regulations indicates that Sub Urban Commercial (SC) uses other than hotels must have a minimum 25 foot front yard setback, a minimum of a 10 foot setback on one side yard with a combined minimum of 15 feet for both sides, and a rear yard setback of 10 feet. The concrete foundation does not meet the required side yard setbacks. The mean high water line of the altered shoreline defines the rear setback. Rezoning to Improved Subdivision (IS) would require a rear setback of 20 feet from the shoreline. It is unclear from the site survey whether this setback requirement can be met. Additionally, under the current SC zoning, in accordance with Section 9.5-377, District Boundary ButTers, this site requires a Class 'D' bufferyard of at least 20 feet wide where the SC zoned parcels interface with parcels zoned IS. This requirement currently applies to the front yards of the subject properties which are adjacent to the IS lots across Seaside Avenue, and side yard adjacent to Lot 7. By rezoning Lots 5 and 6, the net buildable area of Lot 5 may be reduced as a 20 foot bufferyard would also be required on the lot line between Lots 4 and 5. Responsibility for district boundary bufferyards can be shared by property owners according to various formulas. Bufferyards can be included within the required building setbacks from the property line, however, the greater distance of the two (setback or bufferyard) will be applied for determining the net buildable area ofa parcel. In short, these requirements will lessen the amount of buildable area available on Mr. Millers lot. By rezoning Lots 5 and 6 to Improved Subdivision (IS), the adjacent Lot 4, which remains Suburban Commercial (SC) and is bounded on the south by a Suburban Residential (SR) zoning district, will become a 'spot zone' parcel by default. Planning laws state that spot zoning is invalid if it, "...singles out a small area for a use classification that is different from the surrounding area, ... and is not in accordance with a comprehensive zoning scheme." The SR area immediately southwest of Lot 4 is mangrove wetland and under existing regulations can not be developed. Mr. Miller's property agent invited Benito and Mercedes Valdes, owners of Lot 4, to include their lot as part of the rezoning application. As Lot 4 is zoned SC, the single family residence on their property is non-conforming as to use. Rezoning presents an opportunity for the Valdes's to bring their property into conformity, and thus receive the benefits of quicker access to permits for renovations or reconstruction in the event of property damage from storms. Mr. Valdes initially expressed an interest in being included in this map amendment. However, he then informed the property agent and the Planning Department that he did not want his property included in the rezoning due to his reservations in dealing with local governments and his desire to be left alone. Map Amendment From SC to IS File #M99143 3 Existing Habitat: The habitat of the subject properties is best classified as disturbed or scarified. The lots consist of mowed vegetation. Non-native coconut palms are planted along the side lot line and there are several small, invasive, exotic Brazilian Pepper trees on the lot. There are several native, green buttonwood trees along the fence line between Lots 5 and 6 near the shoreline. A mangrove fringe skirts the sculpted boat basin. This parcel is within a platted subdivision that is serviced by public utilities. The parcels are not recognized habitat to any federal or state listed animal species and are not within C.A.R.L. or a critical habitat area. The parcels fall within the VE 15 through AE 8 flood zones per FIRM panel 101lG, effective date July 16, 1995. Land Use and Habitat on the 1985 Existing Conditions Aerials: Sheet 258 of the 1985 Existing Conditions Aerials shows the vegetation code to be 740, which indicates that the site is disturbed. A 0.2 Open Space Ratio is required in accordance with Section 9.5-343 of the Land Development Regulations. Neighboring Land Uses and Character: Though zoned Suburban Commercial (SC), the Seaside Re-Subdivision is primarily a residential neighborhood, with approximately 50% of the lots developed and the remaining 50% vacant. A range of lots sizes accommodate a variety of housing types including tiny concrete bunker-style houses, and elevated wood frame or concrete structures. Homes immediately adjacent to the subject properties are shown in these photos. Figure 3. Tract 1 Across Seaview Boulevard Figure 4. Lot 4 Adjacent to Subject Properties Map Amendment From SC to IS File #M99143 Figure S. Lot 7 Adjacent to Subject Properties 4 One commercial development, Snappers Fresh Seafood Restaurant and Marina is located three properties to the northwest of the subject properties, with a buffer of two vacant lots between the restaurant and the residence on the property adjacent to the subject properties. Several vacant lots across the road from the restaurant provide parking for Snappers patrons. The remainder of the street is residential. ZONING AND LAND USE HISTORY Pre-1986 Zoning: The pre-1986 zoning for the subject properties was RU-l, Single Family Residential. This zoning applied to all but four properties in what are now the Seaside and Seaside Re-Subdivision, and parts of Richard Park subdivision. This zoning district was intended to provide residential areas consisting of lots having an area of at least eight thousand (8,000) square feet. Permanent single family dwellings, parks and playgrounds were permitted, along with accessory uses and specially permitted uses such as churches, public utilities and social centers. Considerations During the 1986 Comprehensive Plan Process: During the 1986 Comprehensive Plan process, the owners of the Snapper Creek Trading Company requested that seven properties in their ownership retain Improved Subdivision (IS) status on the parcels. This was agreed to by the Board of County Commissioners. The 1986 Plan resulted in approximately a 50:50 ratio of Suburban Commercial (SC) and Improved Subdivision District (IS) zoning districts dividing the Seaside and Seaside Re-Subdivision. Considerations During the 2010 Comprehensive Plan Process: During the 2010 Comprehensive Plan process, the Future Land Use category Mixed Use Commercial (MC) was applied to the subject properties, following the existing zoning. Changes to Boundary Considerations Since 1986: Seaview Boulevard, in general, serves as the zoning district boundary between Suburban Commercial (SC) zoning to the south and Improved Subdivision (IS) zoning to the north. There have been several boundary changes and re-zonings in the vicinity of the subject properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings between 1986 and 1988 to identify errors brought forward by property owners. As a result of these hearings, one boundary change was approved by the Board of County Commissioners in June 1988. This change pertains to Lot 7, adjacent to Lot 6 of the subject properties, whereby the boundaries were amended to remove the property from the Surburban Commercial (SC) zoning district and include it in the Improved Subdivision (IS) zoning district. A second interpretation was made in December 1988, by Assistant County Administrator for the Growth Management Division, which resulted in a determination that a mapping error led to a small portion of Seaside and Seaside Re-subdivision to the east of Ocean View Boulevard being Map Amendment From SC to IS File #M99143 5 incorrectly zoned Improved Subdivison (IS). These properties were included in the Suburban Commercial (SC) zoning district in September 1991. ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b): Changed Projections or Assumptions: None. Data Errors: None. New Issues: None. Recognition of a Need for Additional Detail or Comprehensiveness: According to 'the applicant, there are three reasons for requesting a rezoning of the subject properties. These reasons are: 1. This property in the past has been granted a building permit for a single family residence. The construction of the residence was started but upon completing a portion of the structure, the owner allowed the permit to elapse. 2. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS) and has a single family home on it. Lot 7 to the northeast of the subject properties has had a map amendment change and is now zoned IS. 3. The subject properties are located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. The client's fIrst statement is accurate to a degree. The only permit on record was issued in 1981. This building was never constructed. There are no active permits on file with the Monroe County Building Department, or any record of a ROGO application having been made to construct the foundation. An examination of aerial photographs shows the existing foundation for the fIrSt time in 1997. The client's second statement is inaccurate in that Lot 4 is not zoned Improved Subdivision (IS), but remains Suburban Commercial (SC), and therefore the existing single family residence on the lot is non-conforming as to use. IMPACT AND POLICY ANALYSIS Comparison of Development Potential For the Current and Proposed Land Uses: 1. Current Land Development Regulations (LDR's) The current Future Land Use Map category for the subject properties is Mixed Use Commercial (MC). Policy 101.4.5 of the Monroe County Year 2010 Plan Policy Document states that: Map Amendment From SC to IS File #M99143 6 The principle purpose of the Mixed Use/Commercial land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail and office may be pennitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also allowed. This land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and non-residential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. The current zoning for the subject properties is Sub Urban Commercial (SC), described in the LDR's as follows: Section 9.5-206 The purpose of the Sub Urban Commercial (SC) zoning district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. This district should be established at locations convenient and accessible to residential areas without use of U.S. I. Allowable uses under Section 9.5-235, Sub Urban Commercial District, pertinent to the text amendment include: · commercial retail, low- and medium-intensity and office uses or any combination thereof of less than twenty-five hundred (2,500) square feet of floor area; · institutional residential uses, involving less than ten (10) dwelling units or rooms; · commercial apartments involving less than six (6) dwelling units in conjunction with permitted commercial use; · commercial recreational uses limited to: a. bowling alleys b. tennis and racquet ball courts c. miniature golf and driving ranges d. theaters e. health clubs and f. swimming pools; · institutional uses; · public buildings and uses; · accessory uses; · storage areas; and · vacation rental use if a special vacation rental permit is obtained. Uses permitted as minor conditional uses include: · commercial retail of low and medium intensity and office uses; · commercial retail uses of high intensity; · institutional residential uses involving ten (10) to twenty (20) dwelling units; · commercial apartments involving more than six (6) dwelling units in conjunction with a permitted commercial use; · hotels of fewer than twenty-five (25) rooms; · campgrounds; · light industrial uses; and · parks and community parks. Uses permitted as major conditional uses include: . commercial retail of low- and medium-intensity and office uses; commercial retail uses of high intensity; . Map Amendment From SC to IS File #M99 143 7 . institutional residential uses involving twenty (20) or more dwelling units or rooms; hotels providing twenty-five (25) or more rooms; marinas; mariculture; and heliports. . . . . 2. Potentilll Land Uses With Proposed Map Amendment The proposed Future Land Use Map category for the subject properties is Residential Medium (RM). Policy 101.4.3 of the Monroe County Year 2010 Plan Policy Document states that: The principle purpose of the Residential Medium (RL) land use category is to recognize those portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and to derme improved subdivisions as those lots served by a dedicated and accepted existing roadway, have an approved potable water supply, and have sufficient uplands to accommodate the residential uses. The Residential Medium (RM) Future Land Use category corresponds with only on land use (zoning) district, Improved Subdivision (IS), which is described in the LDR's as follows: Section 9.5-213 The purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter, For the purpose of this section, improved lots are those which are served by a dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient uplands to accommodated the proposed use in accordance with the required setbacks. Allowable uses under Section 9.5-242, Improved Subdivision District include detached dwellings of all types. Uses permitted as minor conditional uses include: · parks and community parks; · public parks; and · schools. Compatibility With Adjacent Land Uses and Effects on Community Character: The Monroe County Land Development Regulations address this issue with Section 9.5-511 of the LDR's prohibits any amendments which would negatively impact community character. The proposed map amendment will not result in a conflict with the character of the surrounding community based on the following findings: Density and Intensity The proposed rezoning will result in a decrease in the development potential of the subject properties. Both the intensity and the density of allowable uses will be reduced. Whereas commercial retail, institutional residential and mixed use developments including commercial retail in combination with apartments are permitted in the Sub Urban Commercial (SC) zoning district, Map Amendment From SC to IS File #M99143 8 single family homes are the only structures permitted in the Improved Subdivision (IS) zoning district. Densities will be reduced as follows: Land Use District Suburban Commercial Improved Subdivision Allocated Density (dolaere) 3.0 1 per lot Maximum Net Density (DUlBuildable Area) 6.0 1 per lot Currently, SC zoning has an allocated density of three (3) dwelling units per acre. However, the dwelling units could only be considered as an accessory to a principle commercial use, which first must be established. Use Compatibility Rezoning of the subject properties to a zoning district which permits a single family residence would ensure harmonization of land uses in the neighborhood should construction be permitted. Commercial uses on the property would no longer be permitted, thus protecting this residential neighborhood from potential associated nuisances such as traffic, noise or odor impacts. The rezoning would also bring these properties into synchronization with the zoning scheme of the surrounding parcels, which are already Improved Subdivision (IS), creating greater consistency on this residential block, and improve opportunities for successful integration with the land uses of the surrounding properties, should development be approved. Local Traffic and Parking Seaview Boulevard serves as a local collector road to this block of properties. It does not extend through to Wendy Lane as shown on the Land Use District map, but rather terminates at vacant lots that are within 150 feet to the southwest of the subject properties. Through trips are not possible, and traffic is restricted to locally-generated traffic only. Therefore, the effects of one additional potential residential unit on the neighborhood would be negligible. Similarly, parking in the neighborhood is contained on-site, with the exception of Snappers restaurant which has dedicated several lots for the purpose. Parking would not be an issue at all given a rezoning as parking would be accommodated on the subject properties. Effects on Natural Resources: Goal 102 of the 2010 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. A site visit to the subject properties by Sandra Lee, Upper Keys Biologist, on October 26, 1999, shows that rezoning the properties from Sub Urban Commercial (SC) to Improved Subdivision (IS) will not have any negative effects on the habitat of the subject properties as they are scarified with minimal amounts of native vegetation, and classified as disturbed. Map Amendment From SC to IS File #M99143 9 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 land use change supports Objective 101.11 based on the following findings of the 1999 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater: Traffic Circulation U.S. Highway No.1 is required to maintain a level of service (LOS) of C in order to support additional development. The LOS for MM 95 which serves this location is A, which is adequate to serve existing and proposed uses. This level of service will not be significantly affected by allowing a change in zoning from Suburban Commercial (SC) to Improved Subdivision (IS). Access to U.S. Highway 1 from the subject properties is by way of Seaside Avenue and Ocean View Boulevard. Vehicular traffic associated with the permitted uses of the subject properties after rezoning as proposed, will be significantly less than the potential under the current zoning. This will reduce potential for impacts created by local traffic and parking in this residential neighborhood. Solid Waste The existing solid waste haul out contract will provide Monroe County with guaranteed capacity to 2006. The proposed land use change is not expected to have a significant effect on solid waster 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 the remainder of 1999. The proposed land use change is not anticipated to have a significant effect on potable water withdrawals. Stormwater It is unlikely that a net increase in stormwater runoff could result from this land use change as Section 9.5-293 of the Land Development Regulations requires that all developments retain stormwater on site following Best Management Practices (BMP's). 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. In this regard, no negative effects from the proposal are anticipated. Map Amendment From SC to IS File #M99143 10 Effects on RedevelopmentJInfill Potential: Goal 102 of the 2010 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 proposed land use change is in keeping with Goal 102 as the subject properties are disturbed. 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. 2. This map amendment recognizes a need for additional detail or comprehensiveness in planning. The application was initiated by the applicant to rezone the subject properties to a land use district that permits the construction of a single family residence. Single family homes are found adjacent to the subject property on all sides but the Atlantic Ocean frontage, in a neighborhood where the predominant character is single family residential. 3. The pre-1986 zoning of the subject properties was Single Family Residential (RU-I). 4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Suburban Commercial (SC). 5. The purpose of the Suburban Commercial (SC) zoning district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. 6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject properties Mixed Use Commercial (MC). 7. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of Mixed Use Commercial (MC) Future Land Use category is to provide for the establishment of commercial zoning districts where various types of commercial retail. Office uses, employee housing and commercial apartments may also be permitted. 8. Section 9.5-511 prohibits any map amendments which would negatively impact community character. 9. The subject properties are bordered predominantly by an Improved Subdivsion (IS) land use district to the north and the east, and the Atlantic Ocean to the south. 10. Section 9.5-213 states that the purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested rights in subdivisions that were lawfully established and improved prior to the adoption of this chapter. Map Amendment From SC to IS File #M99143 11 11. The single family homes found on the all of the properties surrounding the subject properties, and residential nature of the surrounding neighborhood are reflective of purpose of the Improved Subdivision (IS) land use district. 12. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached dwellings of all types, and therefore is the most applicable zoning district designation for the subject properties that will protect the residential nature of the community, should construction be permitted. 13. The Residential Medium (RM) Future Land Use category corresponds with only one land use (zoning) district, Improved Subdivision (IS). 14. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the subject properties. 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 1999 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 17. Goal 102 of the Monroe County Year 2010 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 of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated. 19. The proposed map amendment supports Goal 102 as it reduces, rather than increases the development potential of the subject properties. CONCLUSIONS OF LAW 1. This text amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Seaside and Seaside Re- subdivision neighborhood. 2. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the fmdings of the 1999 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. Map Amendment From SC to IS File #M99143 12 3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, and will facilitate infill in an already developed residential neighborhood. RECOMMENDATION Based on the above Findings of Fact and Conclusions of Law, the Planning and Environmental Resources Departments, the Development Review Committee and the Planning Commission recommend APPROV AL to the Board of County Commissioners of the proposed Future Land Use Map amendment from Mixed Use Commercial (MC) to Residential Medium (RM) and the proposed Official Land Use District Map amendment from Sub Urban Commercial (SC) to Improved Subdivision (IS). Map Amendment From SC to IS File #M99143 13 PLANNING COMMISSION RESOLUTIONS PC RESOLUTION NO. P17-OO A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY CLINTON MILLER TO AMEND THE FUTURE LAND USE MAP FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM) FOR PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT BAY BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62, RANGE 38, AT APPROXIMATELY MILE MARKER 94.5. WHEREAS, the Monroe County Planning Commission, during a regular meeting held on February 23, 2000, conducted a review and consideration of the request filed by the applicant's agent to amend the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM) for properties located on Seaside A venue in Re-sub Seaside Subdivision, Section 14, Township 62. Range 38. Monroe County. Florida, having the real estate identification numbers 00492380-000000.00492390-000000 and 00088780-000000. WHEREAS, the Planning Commission examined the following information: 1. The application from the applicant's agent, Gay Marie Smith. to change the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM); and 2. The staff report prepared by Ann Murphy, Comprehensive Planner and Sandra Lee, Upper Keys Biologist, dated January 17. 2000; and 3. The Development Review Committee, reviewed the application at its January 20, 2000 meeting in Marathon and voted in support of this application; and WHEREAS, the Planning Commission made the following Findings of Fact: 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 2. 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. PC Resolution 17-00 to Amend FLUM File M#99143 Page 1 of4 3. This map amendment has been initiated by the property owner to address the recognition of a need for additional detail or comprehensiveness. The applicants' agent, Gay Marie Smith, listed the following reasons for requesting a rezoning of the subject properties: i. These properties in the past have been granted a building permit for a single family residence. The construction of the residence was started but upon completing a portion of the structure, the owner allowed the permit to elapse 11. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS) and has a single family home on it. Lot 7 to the northeast of the subject properties has had a map amendment change and is now also zoned IS. iii. The subject properties are located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. 4. The Planning Department's review of this map amendment indicate that the first two additional detail items (i. & ii.) raised by the applicants' agent are not entirely accurate. There are no active permits on file with the Monroe County Building Department, or any record of a ROGO application having been made to construct the foundation. Lot 4 to the southwest of the subject properties is actually zoned Suburban Commercial (SC), not Improved Subdivision (IS). However, The subject properties ARE located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. 5. The subject properties currently have the Future Land Use category Mixed Use Commercial (MC) which provides for the establishment of commercial zoning districts where various types of commercial retail and office uses may be permitted. 6. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use category Mixed Use Commercial (MC) was applied to the subject properties, following the existing zoning. Seaview Boulevard, which bisects Seaside A venue (the street on to which the subject properties front), serves as the zoning district boundary between Suburban Commercial (SC) zoning to the south and Improved Subdivision (IS) zoning to the north. There have been several boundary changes and re-zonings in the vicinity of the subject properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings between 1986 and 1988 to identify errors brought forward by property owners. As a result of these hearings, one boundary change was approved by the Board of County Commissioners in June 1988. This change pertains to Lot 7, adjacent to Lot 6 of the subject properties, whereby the boundaries were amended to remove the property from the Surburban Commercial (SC) zoning district and include it in the Improved Subdivision (IS) zoning district. A second interpretation was made in December 1988, by Assistant County Administrator for the Growth Management Division, which resulted in a determination that a mapping error led to a small portion of Seaside and Seaside Re-subdivision to the east of Ocean View Boulevard being incorrectly zoned Improved Subdivison (IS). These properties were included in the Suburban Commercial (SC) zoning district in September 1991. PC Resolution 17-00 to Amend FLUM File M#99143 Page 2 of4 7. Policy 101.4.4 states that the purpose of the Residential Medium (RM) land use category is to recognize those portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have an approved potable water supply, and have sufficient uplands to accommodate the residential uses. Development on vacant land within this land use category shall be limited to one residential dwelling unit for each such platted lot or parcel which existed at the time of plan adoption. 8. Though FLUMed Mixed Use Commercial (MC), the Seaside Re-Subdivision is primarily a residential neighborhood, with approximately 50% of the lots developed and the remaining 50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina is located three properties to the northwest of the subject properties, with a buffer of two vacant lots between the restaurant and the residence on the property adjacent to the subject properties. Several vacant lots across the road from the restaurant provide parking for Snappers patrons. The remainder of the street is residential. 9. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the subject properties. 10. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 11. The subject properties are already fully built out but for three properties. Changing the Future Land Use Map will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. 12. 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. 13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 14. Goal 102 of the 2010 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. 15. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated. PC Resolution 17-00 to Amend FLUM File M#99143 Page 3 of4 WHEREAS, the Planning Commission made the following Conclusions: 1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Anglers Park North neighborhood. 2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into conformance. 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 4. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, will facilitate infill in an already developed neighborhood, will enable redevelopment of existing apartment buildings that were constructed in the 1970's and will enable more expeditious reconstruction in the event of destruction of the buildings, by facilitating easier access to building permits. 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 APPROVAL of the request filed by the applicant's agent to change the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM) for properties located on Seaside Avenue in Re-sub Seaside Subdivision, Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate identification numbers 00492380-000000, 00492390-000000 and 00088780-000000. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 23rd of February, 2000. Chair Mapes YES Commissioner Werling YES Commissioner Stuart YES Commissioner Marr YES Commissioner Hill YES Signed this 1A-i'hdayOfilpj, PLANNING COMMISSION OF MON.ROf COUNTY\.FLO.RI DA \ ID BY ~~ {-,^vt. (-1 f '"' LYnn Mapes, Chair\ . 'J \~VE:~gc2'!, _ BY rNDt:c~ V Attorney's Office ~ , 2000. \) PC Resolution 17-00 to Amend FLUM File M#99143 Page 4 of4 Initials PC RESOLUTION NO. Pl8-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY CLINTON MILLER TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC) TO IMPROVED SUBDIVISION (IS) FOR PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT BAY BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62, RANGE 38, AT APPROXIMATELY MILE MARKER 94.5. WHEREAS, the Monroe County Planning Commission, during a regular meeting held on February 23, 2000, conducted a review and consideration of the request filed by the applicants' agent to amend the zoning map from Suburban Commercial (SC) to Improved Subdivision (IS) for properties located on Seaside A venue in Re-sub Seaside Subdivision, Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate identification numbers 00492380-000000, 00492390-000000 and 00088780-000000. WHEREAS, the Planning Commission examined the following information: 1. The application from Monroe County to change the Land Use District (zoning) map from Suburban Commercial (SC) to Improved Subdivision (IS); and 2. The staff report prepared by Ann Murphy, Comprehensive Planner and Sandra Lee, Upper Keys Biologist, dated January 17,2000; and 3. The Development Review Committee, reviewed the application at its January 20, 2000 meeting in Marathon and voted in support of this application; and WHEREAS, the Planning Commission made the following Findings of Fact: 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 2. 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. PC Resolution 18-00 to Amend Zoning Map Page 1 of 4 File M#99143 3. This map amendment has been initiated by the property owner to address the recognition of a need for additional detail or comprehensiveness. The applicants' agent, Gay Marie Smith, listed the following reasons for requesting a rezoning of the subject properties: i. These properties in the past have been granted a building permit for a single family residence. The construction of the residence was started but upon completing a portion of the structure, the owner allowed the permit to elapse 11. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS) and has a single family home on it. Lot 7 to the northeast of the subject properties has had a map amendment change and is now also zoned IS. m. The subject properties are located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. 4. The Planning Department's review of this map amendment indicate that the first two additional detail items (i. & ii.) raised by the applicants' agent are not entirely accurate. There are no active permits on file with the Monroe County Building Department, or any record of a ROGO application having been made to construct the foundation. Lot 4 to the southwest of the subject properties is actually zoned Suburban Commercial (SC), not Improved Subdivision (IS). However, The subject properties ARE located in a residential neighborhood with only one commercial enterprise, Snapper's restaurant, located down the street. 5. The subject properties currently have the mapping category Suburban Commercial (sq, which does not allow single family homes. 6. The purpose of the Sub Urban Commercial (sq zoning district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. This district should be established at locations convenient and accessible to residential areas without use of U.S. 1. 7. The purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter, For the purpose of this section, improved lots are those which are served by a dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient uplands to accommodated the proposed use in accordance with the required setbacks. 8. Though zoned Suburban Commercial (SC), the Seaside Re-Subdivision is primarily a residential neighborhood, with approximately 50% of the lots developed and the remaining 50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina is located three properties to the northwest of the subject properties, with a buffer of tWo vacant lots between the restaurant and the residence on the property adjacent to the subject properties. Several vacant lots across the road from the restaurant provide parking for Snappers patrons. The remainder of the street is residential. PC Resolution 18-00 to Amend Zoning Map Page 2 of 4 File M#99143 9. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate zoning map category for the subject properties. 10. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 11. The subject properties are already fully built out but for three properties. Changing the zoning map will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. 12. 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. 13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 14. Goal 102 of the 2010 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. 15. The proposed zoning map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated; and WHEREAS, the Planning Commission made the following Conclusions: 1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Anglers Park North neighborhood. 2. The proposed zoning map amendment meets Objective 101.8 m that it provides a mechanism for the subject properties to come into conformance. 3. The proposed zoning map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the fmdings of the 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 4. The proposed zoning map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, will facilitate infill in an already developed neighborhood, will enable redevelopment of existing apartment buildings that were constructed in the 1970's and PC Resolution 18-00 to Amend Zoning Map Page 3 of 4 File M#99143 will enable more expeditious reconstruction in the event of destruction of the buildings, by facilitating easier access to building permits. NOW THEREFORE, BE IT RESOLVED BY TIlE 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 APPROVAL of the request filed by the applicant's agent to change the zoning map from Suburban Commercial (SC) to Improved Subdivision (IS) for properties located on Seaside A venue in Re-sub Seaside Subdivision, Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate identification numbers 00492380-000000, 00492390-000000 and 00088780-000000. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 23rd of February, 2000. Chair Mapes YES Commissioner Werling YES Commissioner Stuart YES Commissioner Marr YES Commissioner Hill YES ,.. PLANNING COMMISSION OF MONROEpOUNT ,FLORIDA BY Signed this 'ftv I~ day of , 2000. BY PC Resolution 18-00 to Amend Zoning Map Page 4 of 4 File M#99143 Initials LETIERS OF SUPPORT OR OPPOSITION " ."".::--:;:,7 ,- ..-- fit .LO'trr.aLnr. rwOO~E. &1un'tOE. 149 ~E.Q.~ 9(~ .La""9o, g:..f 33037 NoYember 29, 1999 PIANNING DEPI'. Attn: Lynn Mapes, Cha.irP&SOIl RE: IDts 5 & 6 Blk. 5 SeaSide Subdivision we are asking that you change the zoning of the aboVe two lots for Mr. Clinton Miller so he can build a single family residence. our houSe adjoins IDts 5 & 6 and was rezoned in 1990 to IS fran SC. Mr. Clinton's lots sit between two single family banes. g~l~~ HC'~/l....~, ~ Lorraine M\.]I1r'Oe ~. , c1 i 1-:J8 - ~Cj fM" ... . ~ -rj... ~. ~ ~-C.I- N~ (k ~1.- <<.- · · . ~t. P- ...., ~ (!i ~ 4-r.. .~... . S f.6 ~ ~ -u-. -- '~SP- ~ r - 1. .y--u' .. ~~ J/~ j)12'~i/t>-h~. 'II/ 4/~, ~~//fZ,;./ . -- p~;J BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 17.2000 Bulk Item: Yes No X Division: Growth Management Department: Planning AGENDA ITEM WORDING: A public hearing to consider a future land use amendment from Mixed Use Commercial (Me) to Residential Medium (RM) and a zoning map amendment from Sub Urban Commercial (SC) to Improved Subdivision (IS). Two properties in Sections 14, Township 62 South, Range 38 East in Monroe Coullly, Florida., are included ill this map amendment. The Clinton E. Miller properties arc located in Seaside Subdivision, on Seaside Avenue in Key Largo. The properties are situated between the Atlantic Ocean to the southeast, and are one block from U.S. Highway I, which lies to the northwest. A collector road, Ocean View Boulevard, leads neighborhood traffic from Seaside Avenue to U.S. Highway I, at approximately MM 94.5. ITEM BACKGROUND: This "transmittal" hearing is one oflwo public hearings required for amendments to the Year 2010 Comprehensive Plan. This proposed amendment will be transmitted to the Department of Community Affairs for review. Then, a second public hearing, "adoption" hearing win be held so that the BOCC can adopt the both a FLUM ordinance and a corn:sponding rezoning ordinance. The Planning and Environmental Resources departments recommend approval of this request. The Development Review Committee heard this request on January 20. 2000 and recommends approval. Th~ Planning Commission heard the request on February 23, 2000 and recommends approval. PREVIOUS RELEVANT BOARD ACTION: None. ST AFl'~ 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 NI A Risk Management N/A DEPARTMENT DiRECTOR APPROV AL: _,. K. Marlene Conaway Director of Planning DIVISION DIRECTOR APPROV AL: _' - Timothy J. McGarry, AICP, Director of Growth Management DOCUMENTATION: Included X To follow Not required DISPOSITION: Agenda Item #; f\&cnda Templllto.doc