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Item P4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 17, 2000 Division: Growth Management Bulk Item: Yes No X Department: Planning_ AGENDA ITEM WORDING: A public hearing to consider a Future Land Use Map and Land Use District Map amendment proposed by the Monroe County Planning Department changing the future land use designation from Residential High (RH) to Mixed Use/Commercial (MC) and changing the zoning from Urban Residential Mobile Home (URM) to Sub Urban Commercial (SC) for property described as Lots 11, 12,27, & 30 Block 2, Mandalay Subdivision, Key Largo Section 06, Township 62 South, Range 39 East; with the following Real Estate numbers: 00554460-000000,00554620-000000,00554420-000000. ITEM BACKGROUND: This "transmittal" hearing is the first 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 both a FLUM ordinance and a corresponding rezoning ordinance. The Planning and Environmental Resources Department recommends approval of these requests. The Development Review Committee heard the requests on March 2, 2000 and recommends approval. The Planning Commission heard the requests on March 22, 2000 and recommends approval. PREVIOUS RELEVANT BOARD ACTION: None STAFF RECOMMENDATION: Approval TOTAL COST: None COST TO COUNTY: None BUDGETED: Yes N/A No APPROVED BY: County Attorney _X_ OMB/Purchasing _N/A_ Risk Management _N/A_ DEPARTMENT DIRECTOR APPROVAL: ;r:~~? K. Marlene Co away lannin ir ctor DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To follow Not required _ Agenda Item #: "p~ DISPOSITION: Agenda item summary KA W ALSKI/HOLLINGER, MOORE, AND BENNETT PROPERTIES FUTURE LAND USE AMENDMENT AND ZONING MAP AMENDMENT TRANSMITTAL HEARING BOARD OF COUNTY COMMISSIONERS KEY LARGO LIBRARY MAY 17,2000 M#99146 PROPOSED FLUM AMENDMENT RESIDENTIAL IDGH (RH) TO MIXED USE COMMERCIAL (MC) PROPOSED ZONING AMENDMENT URBAN RESIDENTIAL MOBILE HOME (URM) TO SUB URBAN COMMERCIAL (SC) This amendment has been requested by the Planning and Environmental Resources Department. The subject properties are described as Lots 11, 12, 27, & 30 Block 2, Mandalay Subdivision, Key Largo Section 06, Township 62 South, Range 39 East; with the following Real Estate numbers: 00554460-000000, 00554620-000000, 00554420-000000. All three properties are located on the ocean side of U.S. Highway 1 between First Avenue and Second Avenue in Key Largo. FLUM RECOMMENDATIONS Staff: Approval February 29, 2000 Staff Report DRC: Approval March 2, 2000 Resolution #D03-00 pc: Approval March 22, 2000 Resolution #PI5-00 ZONING RECOMMENDATIONS Staff: Approval February 29, 2000 Staff Report DRC: Approval March 2, 2000 Resolution #D04-00 pc: Approval March 22, 2000 Resolution #PI6-00 M#99146 ~ 97 '. r~r-:____ ~i=-~A I '-c,,~ ' HWY N Street Map Monroe County I I 1 "= 1/2 mile M# 99146 N 1 1 998 Experian Aerial Maps Sheet 25-6 M# 99146 111=300' ~ I \ \ , \ \ \ \ \ \ , \ I \ , ' , \ 1 , , , \ , , , / , / , ~~ Pelican ~ / Key Me INS RL PF Key s , , \ ----_/,-.. ( " , " ~ ., , , I ,--, 1-....." l...,...; / ...'-"-... ,-- " ","" ,~~ , / , ,; / 'I , " / ';-;<'/ ,~) /' #/# /' ~ , , I , , \ I --~ Poi n t C h Q r , e s N Key: Ke MM: 97 Proposal: FROM Residential Hi h RH TO Mixed USe/Commercial (MC) Property Description: Mandala Subdivisio 554460, Block 2 Lot 27, RE# 554600, and Block 2 Lot 30 1"=2000' I Applicant Map # : Name: Kawalski, Moore, Bennett 2 File Number - ~ , , , , .- , .- , .- , .- .- .- s:c "U R M , , , , , , , / , / ,~ / / / / / / ( AOCIC HNf80R I I I I I I I I I I I I I / / / / ~ / / / / / / / / / I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ j N Key: Ke MM: 7 Pro osal: FROM Urban Residential Mobile Home (URM) TO Suburban Commercial (SC) Property Description: Mandalay Subdivision Block 2 Lots 11 & 12. REI 554460. Block 2 Lot 27, REI 554600, and Block 2 Lot 30 REI 554420 Applicant Name: Kawalski Moore Map #: 139 File Number: M99146 1 "=400' I . _ ~ ....;,'.;,.{..:"A,'I... _._--~ . "., ;_(Jwalski/Holliriger-Property. Block 2, Lots 11&12 ~c:'nr:talay Subd. RE# 554460. ."':~~:-;;J ;"~-,:,~,,;'~" 8;:.~:>'"i';=/ h___ --~-:-'j;'-l;' liB . -:'~"-:II .. - " -.- ., lI; ,-'" 'Jl'f . " ~r;.~ lN~ A'f4I', '" ~.p~..~~,", --- ;i.....~ .. ~~.:;}~_~~..:L~_~ ~~~' "'!i'. IV . . ~ '-'roo ~!~::" .. .. -~:. ~toperty~.Lot<-27",-'Block 2 Mandalay Subd. RE- 554620. Currently ;'}n~~M;'~~frli!:lpate_jn the change to SC. }tt:~~,-~.-~:':~~?>!1~i~~,,~r.~"~-,r;-" ' M# 99146 Site Photos ;\ ,..;..,,-::._:;;.., ",,-.:-.-t~;,- .~- 4" /~ '...."'....,~:-:.-:, , ,', ill'... - , .. , ' ."tit- ~.~. . ..... .a:~-' -_.... - - "fl"i..,Jt ~..~ . : Bennett Property. Lot 30, Block 2 Mandalay Subdivision. Portion of aggregated property with bifurcated zoning between SC and URM. Wants to participate in change from U RM to SC. ~ ;'-' '--;~~:~-:5;>-");. .i _ - _ , ' ' "::Z0;:'i!o:~ ;:~~: Rojas Property. Block 2 Lot 29 Mandalay Subd. RE# 554'620.'~.-~ Zoned URM. Did not wish to pa rticlpate in re-zoni ng. M# 99146 Site Photos 'f ~"'I r:~.,~ i~ ...~ ~'f ,~,',"',','"",!,fIJ,"'-' ~lr "'~,I,'.I,-.,~-.,;. f _ fi t .'" Boaz Property. Block 2 LOt 26. Mandalay.subd., <;urrently zoned URM~ No response -received on inqtJiry about theffdesi~ to participate in ttnt' rezoning from URM to sc., ... .'"-;-"-'T- ~1j_~~:.~'~~ , ":3:::::i~ .; A..,,~. .,.....,.::.~~.,::,',:.~:'"....:';.:..,..-" ,::~;'~-,:Oi(,.':..:. -;---':1-, '.~ ..: ~.;.~.;'i'; ,",' - - . _ ,.. -' Island Towing & Recovery (impound lot). Lot 28. Block 2 Mandalay Subd. Zoned SC. Located on 1st Street between Rojas and Moore properties. M# 99146 Site Photos TRANSMITTAL RESOLUTION M#991146 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 RESIDENTIAL HIGH (RH) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS LOTS 11, 12, 27, AND 30, BLOCK 2, MANDALA Y SUBDIVISION, KEY LARGO, SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA, AT APPROXIMATELY MILE MARKER 97, AND HAVING THE REAL ESTATE NUMBERS 00554460-000000, 00554620-000000, AND 00554420-000000. 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 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. Transmittal Resolution #M99146 page 1 of2 Initials 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 Tem Neugent Commissioner Harvey Commissioner Williams Commissioner Reich BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Freeman (Seal) Deputy Clerk BY ATTEST: DANNY L. KOLHAGE, CLERK Transmittal Resolution #M99146 page 2 of2 Initials EXHIBIT 1 DRAFT FLUM ORDINANCE M#99 1 146 ORDINANCE #. -2000 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING 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 RESIDENTIAL HIGH (RH) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS LOTS 11, 12, 27, AND 30, BLOCK 2, MANDALA Y SUBDIVISION, KEY LARGO, SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA, AT APPROXIMA TEL Y MILE MARKER 97, AND HAVING THE REAL ESTATE NUMBERS 00554460-000000, 00554620-000000, AND 00554420-000000. WHEREAS, the Board of County Commissioners, on April 15, 1993, adopted the Monroe County Year 2010 Comprehensive Plan, and therefore, designated the above-described properties to their current designations on the Future Land Use Map (FLUM); and WHEREAS, the Board of County Commissioners, during a regular meeting held on May 17, 2000, conducted a review of a request for a Future Land Use Map amendment to the Monroe County Year 2010 Comprehensive Plan filed by the Planning Department to change the future land use designation as described above; and WHEREAS, the Planning and Environmental Resources Department as well as the Development Review Committee and Planning Commission have recommended approval of the request; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 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 a change which negatively impacts community character. Objective 101.4 of the Comprehensive Plan requires that the county regulate future development to maintain the character of the community. 2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other commercial uses. 3. The properties in question are composed of Lots 11, 12, 27, and 30 of Block 2, Mandalay Subdivision in Key Largo. 4. The properties are designated as Residential High (RH) on the Future Land Use Map. Draft FLUM Ordinance #M99146 page 1 of3 lID 00 & ~ U Initials 5. This proposed map amendment seeks to change the current designations to a future land use designation of Mixed Use/Commercial (MC). 6. The Planning Department contends that this map amendment is needed based upon the need for greater detail or comprehensiveness when considering the zoning of properties in Block 2 of the Mandalay Subdivision. 7. A 1990 map change altered the zoning and subsequent future land use designations of most properties in Block 2 of the Mandalay Subdivision, but did not include six lots (11, 12, 26, 27,29, and 30 ). These properties have remained under the Urban Residential Mobile Home zoning designation since adoption of the 1986 Comprehensive Plan. 8. With the adoption of the Year 2010 Comprehensive Plan, Lots 11, 12, 26, 27, 29, and 30 have kept their Urban Residential Mobile Home designation and corresponding Residential High Future Land Use Map designation. 9. In 1999, the property owners of Lots 11, 12,27, & 30 requested that their Urban Residential Mobile Home designation also be changed to Sub Urban Commercial (which also requires a change in the Future Land Use Map designation from Residential High to Mixed Use/Commercial) so as justify their current or proposed uses of these four properties. 10. The Planning Department is proposing this map amendment as a way to respond to the requests of these residents who were left out of the original 1990 map changes, as well as a way to address the spot zones created by the 1990 map change. 11. The property owners of Lots 26 and 29 were contacted by the Planning Department and invited to participate in the proposed map amendment, however, these property owners chose not to participate in favor of retaining their current designations. 12. The increased intensity of use which would be allowed under the proposed development potential will not represent significant impacts on the community character, natural resources, or public facilities. WHEREAS, the Board of County Commissioners makes the following Conclusions of Law: 1. The proposed map amendment as requested is consistent with Section 9.5-511 of the Monroe County Land Development Regulations. 2. The proposed land use changes as requested would positively impact and reinforce community character, which is consistent with Objective 101.4. 3. Approving the proposed map amendment will address problematic spot zones created by the previous 1990 map change. Draft FLUM Ordinance #M99146 page 2 of3 ill) 00 1M ~ U Initials THEREFORE, "BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. This Board specifically adopts the fmdings of fact and conclusions of law stated above. Section 2. The previously described properties shall be designated described above and as shown on the attached map, which is hereby incorporated by reference and attached as Attachment 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. The Monroe County staff is given authority to submit this ordinance and supporting documents to the Florida Department of Community affairs for compliance revIew. Section 5. This ordinance shall not become effective until the Florida Department of Community Affairs determines that it is in compliance with the provisions found in Chapters 163 and 380 of the Florida Statutes. Section 6. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the _ of ,2000. At:::; Mayor Freeman Mayor Pro Tern Neugent Commissioner Harvey Commissioner Williams Commissioner Reich APPROVED I ~ AND BY BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Freeman (Seal) ATTEST: DANNY L. KOLHAGE, CLERK [IDrn&~u DEPUTY CLERK Draft FLUM Ordinance #M99146 page 3 of3 Initials Keys , I , \ , \ \ I \ \ ~ ~ - " " - ., \ \ \ \ I \ , I , / , / , {\ " , \ ATTACHMENT 1 \ \ , \ \ '-----",-... ( '\ \ Pel icon I> / Key Me INS \ RL PF \ 1 , \ \ \ , \ , ., : -"- "~ , ,,' ..........-----Q] ~;,/ .:c \ \ , , o c:o I ,- -". " ...-" !,... \ # / # I~ / 'I # "/ ,-:.' , - - '- ,/ / ., , , \ I Poi n t C h 0 r I e s [ID[M~~TI N Key: Ke M M: 97 -_~.A . Pro osal: FROM Residential Hi h RH TO Mixed USe/Commercial (MC) Property Description: Mandala Subdivision 554460, Block 2 Lot 27, RED 554600, and Block 2 Lot 30 1 "=2000' I Applicant Map # : Name: Kawalski, Moore, Bennett File Number 2 M#991146 DRAFT REZONING ORDINANCE ORDINANCE #. -2000 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO CHANGE THE LAND USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL MOBILE HOME (URM) TO SUB URBAN COMMERCIAL (SC) FOR PROPERTY DESCRIBED AS LOTS 11, 12, 27, AND 30, BLOCK 2, MANDALAY SUBDIVISION, KEY LARGO, SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA, AT APPROXIMATELY MILE MARKER 97, AND HAVING THE REAL ESTATE NUMBERS 00554460-000000, 00554620-000000, AND 00554420-000000. WHEREAS, the Board of County Commissioners, in September of 1986, adopted the Monroe County Land Use Maps, and therefore, designated the above-described properties to their current designations on the Land Use Map; and WHEREAS, the Board of County Commissioners, during a regular meeting held on May 17,2000, conducted a review of a request for a Land Use Map amendment to the Monroe County Land Development Regulations filed by the Planning Department to change the land use designation as described above; and WHEREAS, the Planning and Environmental Resources Department as well as the Development Review Committee and Planning Commission have recommended approval of the request; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: 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 a change which negatively impacts community character. Objective 101.4 of the Comprehensive Plan requires that the county regulate future development to maintain the character of the community. 2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other commercial uses. 3. The properties in question are composed of Lots 11, 12, 27, and 30 of Block 2, Mandalay Subdivision in Key Largo. 4. The properties are designated as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map. Draft Zoning Ordinance #M99146 page I of 4 rID ill !JJ ~ '[f InItials 5. This proposed map amendment seeks to change the current designations to a zonmg designation of Sub Urban Commercial (SC). 6. The Planning Department contends that this map amendment is needed based upon the need for greater detail or comprehensiveness when considering the zoning of properties in Block 2 of the Mandalay Subdivision. 7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive Plan. 8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25, 28, and 31-34 applied for a Boundary Determination which requested that the zoning be changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the historically commercial use of these properties. 9. Resolution 128-1990 from the Board of County Commissioners granted the map change request made by the owners of Lots 1-10, 13-25,28, and 31-34, and changed the zoning of these properties from Urban Residential Mobile Home to Sub Urban Commercial. 10. The map change which took place in 1990 did not include six additional lots (11, 12,26,27, 29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties have remained under the Urban Residential Mobile Home zoning designation since adoption of the 1986 Comprehensive Plan. 11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25,28, and 31-34 have retained the Sub Urban Commercial zoning designation, while Lots 11, 12,26,27,29, and 30 have kept their Urban Residential Mobile Home designation. 12. The exclusion of the six lots (11,12,26,27,29, and 30) from the 1990 map change created three spot zones of Urban Residential Mobile Home-designated land surrounded by land zoned Sub Urban Commercial. 13. In 1999, the property owners of Lots 11, 12,27, & 30 requested that their Urban Residential Mobile Home designation also be changed to Sub Urban Commercial so as justify their current or proposed uses of these four properties. 14. The Planning Department is proposing this map amendment as a way to respond to the requests of these residents who were left out of the original 1990 map changes, as well as a way to address the spot zones created by the 1990 map change. 15. The property owners of Lots 26 and 29 were contacted by the Planning Department and invited to participate in the proposed map amendment, however, these property owners Draft Zoning Ordinance #M99146 page 2 of 4 [ill 00 & ~ if Initials chose not to participate in favor of retaining their current Residential High and Urban Residential Mobile Home designations. 16. The increased intensity of use which would be allowed under the proposed development potential will not represent significant impacts on the community character, natural resources, or public facilities. WHEREAS, the Board of County Commissioners makes the following Conclusions of Law: 1. The proposed map amendment as requested is consistent with Section 9.5-511 of the Monroe County Land Development Regulations. 2. The proposed land use changes as requested would positively impact and reinforce community character, which is consistent with Objective 101.4. 3. Approving the proposed map amendment will address problematic spot zones created by the previous 1990 map change. 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 properties shall be designated described above and as shown on the attached map, which is hereby incorporated by reference and attached as Attachment 1. Section 3. The Land Use District Map (zoning map) of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. The Monroe County staff is given authority to submit this ordinance and supporting documents to the Florida Department of Community affairs for consistency reVIew. Section 5. This ordinance shall not become effective until the Florida Department of Community Affairs determines that it is consistent with the provisions found in Chapters 163 and 380 of the Florida Statutes. Section 6. 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 . [IDUJ&~lJ Draft Zoning Ordinance #M99146 page 3 of4 Initials 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) APPROVED AS T:) '-, AND];:L<U'::- .- -"~y BY ~4 Attorney's Office ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK [IDOOlA\~~ Draft Zoning Ordinance #M99146 page 4 of 4 Initials r STAFF REPORT M#991146 J J J J J I I I I I J I I I I I I I I J I I I I I I I I I N 4 ~ "URM , , , , , , , / , / '" / / / / / / ( ROCK H..,.", I I I I I I I I I [IDrnlA\~U! ) ~ / ~ / , , , , ~ ~ , ~ , ~ ~ ~ S:C ~ / / / / / / / / / ! ~ ATTACHMENT 1 Pro osal: FROM Urban Residential Mobile Home (URM) TO Suburban Commercial (SC Property Description: Mandalay Subdivision Block 2 Lots 11 & 12, REI 554460, Block 2 Lot 27, REn 554600, and Block 2 Lot 30, REn 554420 Applicant Name: KawaI ki e n Map #: 139 File Number : M99146 1 "=400' I TO: The Board of County Commissioners MEMORANDUM RE: Timothy J. McGarry, AlCyj1/ Director of Growth Mana'g!mr Kawalski Future Land Use and Land Use District Map Changes # M99146 FROM: DATE: April 25, 2000 Donny Lang & Chad Meadows PLANNER: BIOLOGIST: Sandra Lee PROPERTY OWNER: Frank Kawalski/Dana Hollinger Patsy Moore Chester and La Joyce Bennett AGENT: Monroe County Planning Department EXISTING FUTURE LAND USE DESIGNATION: Residential High (RH) PROPOSED FUTURE LAND USE DESIGNATION: Mixed Use/Commercial (MC) EXISTING ZONING DESIGNATION: Urban Residential Mobile Home (URM) PROPOSED ZONING DESIGNATION: Sub Urban Commercial (SC) PROPERTY INFORMATION Key: Key Largo Mile Marker: 97 Size: 3 properties totaling 18,750 square feet (6,250 each parcel) Location Detail and Brief Property Description: The properties are described as follows: Lots 11 & 12, Block 2, Mandalay Subdivision, Key Largo Section 06, Township 62 South, Range 39 East; with a Real Estate number of 00554460-000000. It is located on the ocean side of U.S. Highway 1. The property is located between First Avenue and Second Avenue. Each of the two lots is 3,125 square feet in area. Lot 27, Block 2, Mandalay Subdivision, Key Largo Section 06, Township 62 South, Range 39 East; with a Real Estate number of 00554620-000000. It is located on the ocean side of U.S. Highway 1. The BOcC staff report M # 99146 Kawalski Page 1 property is located on First Street between First Avenue and Second Avenue. Lot 27 is 6,250 square feet In area. Lot 30, Block 2, Mandalay Subdivision, Key Largo Section 06, Township 62 South, Range 39 East; with a Real Estate number of 00554420-000000 (this RE# combines lots 1-8 & 30-33). It is located on the ocean side of U.S. Highway 1. The property is located between First Avenue and Second Avenue. Lot 30 is 6,250 square feet in area. Existing or Proposed Use: The proposal consists of three properties which are currently developed. Two have single family dwelling units, and the third (lot 30) lot is part of an existing twelve lot storage yard. Neighboring Land Uses: The subject properties are located in Block 2 of the Mandalay Subdivision of Key Largo. The whole subdivision is one of the earliest neighborhoods in Key Largo, established in the mid 1920s. There are a total of four (4) Blocks in the Mandalay Subdivision. The maps and aerial photo in the packet accompanying this staff report will help clarify the neighboring land uses and character. There are a variety of land uses in Block 2 of Mandalay around the subject properties, including several multi-family dwelling units, single family homes, several small businesses, and two storage yards. The subject properties are currently zoned Urban Residential Mobile Home (URM), while much of the remainder of Block 2 is zoned Suburban Commercial (SC) (See attached map). Block 3, immediately to the east, is currently zoned Urban Residential Mobile Home and houses a trailer park, an RV park, and a duplex dwelling unit. The duplex and the RV park are in the process of being rezoned to Urban Residential (UR). Block 4, to the east along the ocean, is zoned Suburban Commercial (SC) and has three marinas, a restaurant and residential dwelling units. Block 1 is located between the north and south bound lanes of U.S. Highway I to the west of the subject property. Block 1 is zoned Suburban Commercial (SC) and houses a bank and a restaurant. The southern edge of the Mandalay Subdivision is bounded by Mariners Club, a 120 unit luxury townhouse project and private marina. Mariner's Club is zoned Suburban Commercial (SC). The northern edge of the Mandalay Subdivision is bounded by single-family dwellings and mobile homes. This area is zoned Urban Residential Mobile Home (URM). Community Character: The four blocks of the Mandalay Subdivision have a variety of commercial and residential uses. The east side of the neighborhood (east of Second Street) is mostly commercial with marina and restaurant uses. The blocks between U.S. Highway I and Second Street are a mix of residential and commercial, with properties along U.S. Highway I having the most commercial, though residential uses are intermixed. HOCC staff report M # 99146 Kawalski Page 2 The immediate area of the three subject properties alternates between residential and commercial. The Mandalay Subdivision taken as a whole must be considered as having a mixed use character. Existing Habitat: Lots 11 & 12 are best classified as Disturbed. This is a developed parcel that is maintained in a mowed state. There are two native Gumbo Limbo trees on the parcel, the few other trees that are present are non- natives. There is a disturbed storage lot to the rear and disturbed, developed lots with residences to the north and to the south of this parcel. Lot 27 is a disturbed lot with a double-wide modular structure. The lot is disturbed. There is a mix of several native and non-native trees on the site, mostly along the property line. The parcel to the south is a disturbed lot utilized as an impound lot for a towing company. The parcel to the north is disturbed and has an RV parked on it at this time. Lot 30 is currently utilized for storage. The site is disturbed. There is one native tree along the front property line and a row of non-native palms along the north property line. To the west and south are contiguous storage lots. Land Use and Habitat on the 1985 Existing Conditions Aerials: The 1985 Existing Conditions Map, sheet 265, identifies the three subject parcels as disturbed (740). ZONING AND LAND USE HISTORY Application History In late 1999, the owners of Lots 11 & 12 submitted an application for a vacation rental use for the existing dwelling unit on the property. At the time, the applicants thought that the property was zoned Sub Urban Commercial since the property is surrounded on all sides by lands zoned Sub Urban Commercial. During the research for the vacation rental application, the Planning Department determined that Lots 11 and 12 (as well as Lots 26, 27, 29, & 30) were actually zoned Urban Residential Mobile Home. Vacation rentals are not an allowable use for property which is zoned Urban Residential Mobile Home. Upon further research, the Planning Department determined that a portion of the properties around Lots 11 and 12 (Block 2 of the Manadalay Subdivision) were changed from Urban Residential Mobile Home to Sub Urban Commercial through a map change made in 1990. However, this change did not include all the properties in Block 2, and as a result, created a checkerboard pattern of zoning for properties in this block. When the Planning Department determined that the 1990 map change had created this mixed pattern,and that this mixed zoning pattern was not consistent with the historical commercial uses taking place in Block 2, the Planning Department proposed this map amendment as a way of address the mixed or "spot" zoning created by the 1990 map change. The Planning Department contacted all the property owners in Block 2 who were still zoned Urban Residential Mobile Home, and inquired if they wished to participate in a County-sponsored rezoning. Two of the property owners (in addition to the original applicants for the vacation rental use) agreed to participate. Two of the property owners (Lots 26 & 29) did not wish to participate. Bacc staff report M # 99146 Kawalski Page 3 Pre-1986 Zoning: Prior to 1986, Block 2 of the Mandalay Subdivision was zoned for business uses as (BU-2), or Medium Business District. Considerations of this property during the 1986 Comprehensive Plan Processes: During the 1986 comprehensive planning process, Blocks 2, 3, and the northern three lots of Block 4 were zoned Urban Residential Mobile Home (URM). At the time of the change, a mixed pattern of residential and commercial uses were present on these properties. Meeting minutes from the Board of County Commissioners meeting on June 25, 1985 (included as Appendix 1) indicate that the subject properties were specifically considered by the Board. The vote to change the properties from BU-2 to URM was unanimous. 1990 Map Change In 1988, eight property owners from the Mandalay Subdivision submitted a joint application for a boundary determination to the Planning Department for Lots 1-10, 13-25, 28, 31-34 of Block 2, Mandalay Subdivision, Key Largo. The boundary determination applications requested that the above lots be rezoned from Urban Residential Mobile Home zoning to Sub Urban Commercial zoning based upon the historically commercial uses on the properties. The Planning Department staff reviewed the applications and recommended denial of the boundary determination for a variety of reasons. The staff report indicates that the applicants could apply for a map amendment through the established rezoning process (the applications and staff report are included as Appendix 2). On January 25, 1990, the Planning Director signed Land Use District Map Boundary Interpretation Number 55, which recommended denial of the request to change the above properties' designations from Urban Residential Mobile Home to Sub Urban Commercial (included as Appendix 3). Despite the recommendation from the Planning Director, on February 13, 1990, the Board of County Commissioners approved Resolution 128-1990 which authorized the change of the above properties' zoning from Urban Residential Mobile Home to Sub Urban Commercial (included as Appendix 4). The resolution indicated that Urban Residential Mobile Home zoning was adopted in error because the Urban Residential Mobile Home zoning was not consistent with the prior BU-2 (Medium Business) zoning. This resolution authorized the change in zoning from Urban Residential Mobile Home to Sub Urban Commercial for Lots 1-10, 13-25,28, and 31-34 of Block 2 of the Mandalay Subdivision. Lots 11, 12,26, 27,29, and 30 of Block 2 were not included within the boundary determination application, and were thus left in their original Urban Residential Mobile Home zoning designation. Considerations ofthis property during the 2010 Comprehensive Plan Processes: There is no indication of any site specific considerations of this property during the 2010 Comprehensive Plan process. BOCC staff report M # 99146 Kawalski Page 4 ANALYSIS AND RATIONALE FOR CHANGE (pursuant to Section 9.5-511(d)(5)(b) This Section (9.5-511) of the Land Development Regulations requires that one of the following five issues be addressed as a rationale for a change in the future land use designation and land use district zoning designation. Changed Projections: None Changed Assumptions: None Data Errors: None New Issues: None Recognition of a Need for Additional Detail or Comprehensiveness: This map amendment has been proposed by the Planning Department due to the recognition of a need for additional detail and comprehensiveness when considering Block 2 of the Mandalay Subdivision. The boundary determination which was approved the Board of County Commissioners on February 13, 1990 changed the zoning for a portion of the lots in Block 2. However, six lots in Block 2 were left out of the map change. The net effect of the 1990 map change from Urban Residential Mobile Home to Sub Urban Commercial was to create three "spot zones" of Urban Residential Mobile Home-designated land surrounded by land which was designated as Sub Urban Commercial. In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urban Residential Mobile Home designation also be changed to Sub Urban Commercial so as justify their current or proposed uses of these four properties. The Planning Department is proposing this map amendment as a way to respond to the requests of these residents who were left out of the original 1990 map change. As an additional note, the Planning Department contacted the property owners of Lots 26 and 29 to inquire if they wished to participate in the rezoning being sponsored by the Planning Department. Neither of these property owners wished to participate, and as a result, if this proposed amendment is approved, there will still be two lots within Block 2 zoned as Urban Residential Mobile Home. Data Updates: None BOCC staff report M # 99146 Kawa1ski Page 5 IMPACT AND POLICY ANALYSIS Comparison of Development Potential for the Current and Proposed Land Uses: The development potential involved with the current and proposed designations is given below. Typically, calculations of development potential for map amendments are completed based on general calculations of gross property size, and do not consider any relevant bulk or environmental considerations. As mentioned in the previous Size of Property Section, the subject properties contain a total of 18,750 square feet, or .43 gross acres. The number of units and/or floor area allowed by the Year 2010 Comprehensive Plan are given where appropriate. Certain other aspects like parking standards and landscaping standards will affect the actual square footage amounts as well, which in turn, will impact the ultimate development potential. Current Development Potential Residential High (RH)/Urban Residential Mobile Home (URM) 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. In addition, Monroe County shall adopt Land Development Regulations which allow non-residential uses that were listed as a permitted use in the Land Development regulations that were in effect immediately prior to the institution ofthe 2010 Comprehensive Plan, and that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and/or substantially improve provided that the use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or limited to what the pre-2010 LDR's allowed, whichever is more restrictive. [9J-5.006(3)(c)1 & 7] The development potential for the Urban Residential Mobile Home (URM) zoning designation includes mobile homes, detached residential dwellings, recreational vehicles, accessory uses, home occupations, provided a special permit is obtained. However, tourist housing uses (vacation rental uses) are prohibited except in gated communities zoned URM. Proposed Development Potential Mixed Use/Commercial (MC)/ Sub Urban Commercial (SC) The principal 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 permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. 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 (Policy 101.4.5). The development potential for each parcel the Suburban Commercial (SC) zoning designation is evaluated below (each parcel is 6,250 square feet). These calculations are general in nature, and can not be relied upon as a true representation of what is allowable on any of the subject properties without further investigation by the Planning Department. The land uses listed below are for comparative purposes only. BOCC staff report M # 99146 Kawalski Page 6 SC: Uses As-of-Right --low intensity retail uses of2,187 sq. ft. --medium intensity retail uses of 1,562 sq. ft. --office uses of2,500 sq. ft. --commercial recreation like a theater or health club of 625 sq. ft. --institutional or public buildings of 1,875 sq. ft. --accessory uses --storage areas of up tol,562 sq. ft. (this includes the storage of automobiles and trucks) --tourist housing units (provided an application is submitted and approved) SC: Minor Conditional Uses --high intensity retail of937 sq. ft. --light industrial uses of 1,875 sq. ft. --parks or community parks SC: Major Conditional Uses --mariculture (like shrimp fanning) Compatibility with Adjacent Land Uses and Effects on Community Character: Section 9.5-511 of the Land Development Regulations prohibits any amendments which would negatively impact community character. Objective 101.4 of the Comprehensive Plan calls for the county to maintain community character and protect natural resources through a distribution of land uses consistent with the Future Land Use Map. Given that the community character is commercial to the east and west surrounding these properties, re- designation of these properties to the Sub Urban Commercial (SC) designation would be consistent with Objective 101.4 This is further reinforced by the subject properties' small sizes and the fact that the majority of the Block 2 of the Mandalay Subdivision is already zoned Sub Urban Commercial. All three properties are categorized as "disturbed" habitat, and have little natural resource value when considered independently. The proposed zoning and Future Land Use Map changes would have little effect on the local natural resources. Effects on Natural Resources: Goal 102 of the Comprehensive 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 subject properties are disturbed, developed parcels in an urbanized area, and are located in a developed subdivision. A zoning change to Suburban Commercial for these three parcels in Block 2 of the Mandalay Subdivision would be consistent with Goal 102. Effects on Public Facilities: Objective 101.11 of the Comprehensive Plan requires the county to direct future growth away from environmentally sensitive land and towards established development areas served by existing public facilities. The proposed designations have little or no effect on the Objective 101.11 based on the findings of the 1999 Public Facilities Capacity Assessment Report and the listed programs on stonnwater and wastewater: BOCC staff report M # 99146 Kawalski Page 7 Solid Waste: The existing solid waste haul-out contract provides the county with approximately eight years of guaranteed capacity. Potable Water: The Florida Keys Aqueduct Authority's eXlstmg consumptive use permit authorizes the withdrawal of sufficient quantities to meet the demand anticipated for 1999. 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 of C in order to support additional development. The road segment #22 (Mile Marker 91.5 to 99.5) in Key Largo area is at level of service A. Stormwater: A net increase in stormwater runoff could result from this land use change because this change authorizes additional development potential. However, Section 9.5-293 of the Land Development Regulations requires that all development retain storm water on site following Best Management Practices (BMP). Also, pursuant to Policy 1001.1.1, 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 Storm water 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 changes will not interfere with the implementation of these programs because they are ongoing and do not rely upon a "development permit" trigger. All three parcels are currently developed, and no further development is anticipated. Effects on Redevelopment and Infill Potential: Goal 102 of the Year 2010 Comprehensive Plan mandates infill efforts, which are supported by this map amendment. The subject properties have been developed for many years and this rezoning would bring them further into conformity with the present uses. Haec staff report M # 99146 Kawalski Page 8 FINDINGS OF FACT 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 a change which negatively impacts community character. Objective 101.4 of the Comprehensive Plan requires that the county regulate future development to maintain the character of the community. 2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other commercial uses. 3. The properties in question are composed of Lots II, 12, 27, and 30 of Block 2, Mandalay Subdivision in Key Largo. 4. The properties are designated as Residential High (RH) on the Future Land Use Map, and as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map. 5. This proposed map amendment seeks to change the current designations to a future land use designation of Mixed Use/Commercial (MC) and a zoning designation of Sub Urban Commercial (SC). 6. The Planning Department contends that this map amendment is needed based upon the need for greater detail or comprehensiveness when considering the zoning of properties in Block 2 of the Mandalay Subdivision. 7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive Plan. 8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25, 28, and 31-34 applied for a Boundary Determination which requested that the zoning be changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the historically commercial use of these properties. 9. Resolution 128-1990 from the Board of County Commissioners granted the map change request made by the owners of Lots 1-10, 13-25, 28, and 31-34, and changed the zoning of these properties from Urban Residential Mobile Home to Sub Urban Commercial. 10. The map change which took place in 1990 did not include six additionallots(11, 12,26,27,29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties have remained under the Urban Residential Mobile Home zoning designation since adoption of the 1986 Comprehensive Plan. 11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25, 28, and 31-34 have retained the Sub Urban Commercial zoning designation as well as the Mixed Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30 have kept their Urban Residential Mobile Home designation and corresponding Residential High Future Land Use Map designation. BOCC staff report M # 99146 Kawalski Page 9 12. The exclusion of the six lots (11, 12,26,27,29, and 30) from the 1990 map change created three spot zones of Urban Residential Mobile Home-designated land surrounded by land zoned Sub Urban Commercial. 13. In 1999, the property owners of Lots 11,12,27, & 30 requested that their Urban Residential Mobile Home designation also be changed to Sub Urban Commercial so as justify their current or proposed uses of these four properties. 14. The Planning Department is proposing this map amendment as a way to respond to the requests of these residents who were left out of the original 1990 map changes, as well as a way to address the spot zones created by the 1990 map change. 15. The property owners of Lots 26 and 29 were contacted by the Planning Department and invited to participate in the proposed map amendment, however, these property owners chose not to participate in favor of retaining their current Residential High and Urban Residential Mobile Home designations. 16. The increased intensity of use which would be allowed under the proposed development potential will not represent significant impacts on the community character, natural resources, or public facilities. CONCLUSIONS 1. The proposed map amendment as requested is consistent with Section 9.5-511 of the Monroe County Land Development Regulations. 2. The proposed land use changes as requested would positively impact and reinforce community character, which is consistent with Objective 101.4. 3. Approving the proposed map amendment will address problematic spot zones created by the previous 1990 map change. RECOMMENDATION Based on the findings of fact and conclusions above, the Planning and Environmental Resource Department recommends APPROVAL of the proposed Future Land Use Map change from Residential High (RH) to Mixed Use/Commercial (MC) and APPROVAL of the proposed zoning change from Urban Residential Mobile Home (URM) to Sub Urban Commercial (SC) for Lots 11, 12,27, and 30 of Block 2 of the Mandalay Subdivision. Bacc staff report M# 99146 Kawalski Page 10 APPENDIX 1 Meeting Minutes from the Board of County Commissioners Meeting on June 25,1985 BOCC staff report M # 99146 Kawalski Commissioner Fahrer commissioner Freeman Commissioner Stormont Commissioner Swift r1ayor Harvey No Yes No Yes Yes Mo:ion colrried. Motion was made by Commissioner Fahrer and seconded by Commissioner Freeman to designate Seven Acres Subdivision to the PL category. Motion carried unanimouSly. Motion was made by Commissioner Swift and seconded by Commissioner F~eema~ to ac~~~ ,n '5 recommendation to change the desIgnatIon offt'li ' from N~ to SR. Mike Barr of Key Largo and J~ i ur e. representlng Mr. Rose whO is the owner of the property. addressed the Board. !.1s. Burke advised the Board that the owner of the property had agreed to the change. Roll call vote was unanimous with Ccmmissioner Stormont not present. Mjtion waS made by Commissioner Freeman and seconded ~..., Commi ss ioner Fahrer to accJ:.Il~...1.JjJ1ne.(', ~ ~ recom- mendat ion to change the des ignat ion Of~w'':l~J from SR to SC. Motion CJrried unanimously. ~otion waS made by Commissioner Freeman and seconded by Commissioner Swift to acce dation to change the designation of . SR. Roll call vote was taken with t e e.r.'s recommen- , from NA to results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey No Yes No Yes Yes Motion carried. I;' "'1 e- Motion was made by Commissioner Swift and seconded by C~~~~V.~eeman to accept Planner's recommendation that ~~~Q~li~.i' be designated as UR:4. Mr. George Eager addres~eo the Board. Roll call vote was unanimous. Motion was made by Commissioner Swift and seconded by Commissioner Fahrer to ~1~~. p~U~~a~ier's recommendation to change the designatIon of ~.;gUtU:r:IIH..~OiI from SC to Ll. Roll call vote was taken with the following results: Commissioner Fahrer Commissioner Freeman Commissioner Stormont Commissioner Swift Mayor Harvey No tlo :-10 YeS Yes Motion failed. Motin was made by Commissioner Stormont and seconded by Commissioner Fahrer directing the Planners to reconsider a more appropriate handling of Private Airport classifications. Motion carried unanmous1y. Motion was made by Commissioner Swift and seconded by com,!,ission;;...J.:f:t:,~Jm;A;~_C. .f.1 n." r's recol;;rnendation to deSIgnate lB&.Gt"~~ as SRI including a small parcel to the east of . Roll call vote was taken with. the following resu s: ' APPENDIX 2 Boundary Determination Applications and Corresponding Staff Report Bacc staff report M # 99146 Kawalski "'1 MEMOR"NDUM DATE: Ty symroski, Development Review Coordinator Lorenzo Aghemo, Senior planner c1~. Robert Smith, Senior Biologist flS_ January 17, 1990 TO: FROM: REF: Boundary Determination for Mandalay Subdivision, Margaret Magargel I) INTRODUCTION Margaret Magargel, Chester Bennett, Glenna Cogley, Bonnie Nel- son, Rose Correale, Carlos Valdes, Joseph Francis, and Louis Caputo are requesting a boundary determination for Block 2, Lots 1-10, 13-25, 28, 31-34, Mandalay Subdivision, zoned BU-2 prior to the adoption of the current land use regulations. II) PROJECT DESCRIPTION. Boundary Determination request based upon desire of applicants to have zoning returned to commercial status. III) STAFF REVIEW Lots 1-6, 28, and 31-33 are currently used for commercial stor- age; lots 9 and 10 are occupied by a licensed electrical contrac- tor and also have a radio tower on site; lots 7, 8, 13-25, and 30 are currently used for residential purposes. The sites and surrounding areas feature a predominantly built environment classified as disturbed with exotics. The following f~ndings were made during review: 1} There is no evidence at this time indicating that placement of boundary lines was done in error. 2} Lots 7, 8, 13-25, and 30 are currently being used for residen- tial purposes. A designation of Suburban Commercial will render the existing residential uses non-conforming, which then could not be replaced as such in the case of destruction in excess of more than forty-nine percent. 3) The Urban Residential Mobile designation does allow limited commercial uses. 4) At their June 25, 1985 meeting, the Board of County Commis- sioners voted unanimously to zone the subject properties Urban Residential Mobile. 5) The applicants have the alternative of applying for a map amendment through the established re-zoning process. M E MAG aGEL 215 =ANAL STREET TAVERNIER 'FL 33070 ~PLICATION FOR LAND USE DISTRICT MAP DETERJlINATION KEY Yl Rf2(;,A-J!~T k /vJf1{'l~p~t;aONE. ~Y6-;2 ;J.... J -::,- C i=t N 1=1- L S J T.t::;; '-J t. !Co 1\/ / t /7- F J.. }-:j.. /(EY ,(/)~GP 9 lJ /','2.. APPLICANT ADDRESS 33t: 7t. MM <77 ~ OCEANSIDE OR BAYS IDE? () t:-c/JIIS/.f) E SUBDIVISION !1/1Jo/JJ/1i. /lY I PAGE / a r../. , 7 / PLAT BOOK BLOCK I) LOT(S) I~"'- - I ~ .- y () -', ?: i 7 - I~. '.i , ... l.I"-""'" ..J , ' ,~. MISC. LOCATION INFORMATION (ATTACH EXTRA SHEET IF NECESSARY) )(JCArF./J tAl V.S. / 8E'Th/EEd I:!.T /91/~ n#(J I~ ~ /9J/E I REQUEST CHANGE FROM () If 11 TO S - C REASON FOR REQUEST: I 1^11J-! /'lOr Alo";/l1tl) or 2INING- CJ-IfiAlGE IN 198'& I / Ptl.f'CiII15E1J TJlE .I9#t'(/~ SIx (~) ~or.! IN /973 :c-'''/7,....).t//Ur:: T/lI?EF (3) ,F~/.}jAfr 8V/L..i!JI/YC.s" gtJ/~~/A/t #1 wAS /I /f;?NJ} 8A~ ;=/1-c~L,v' l-t/n 19Ft;' 8iPC #r'J. 1Itft1 BEEIY I/.5EO , A~/'il/1A1&~ S/9LE5 AAlf) .8i/)~:#.3 /J.5 8/lCK;l.II/f/J::) , !}s !lINEr/{) i/SEIf r; ~ E wcteK.5 PRESENT LAND USE: ,,J:(; /C' J/9Lc DESCRIPTION OF EVIDENCE SUPPORTING REQUEST: /:/ & / vtJ "",1'(/'.:" ,. -/ ,. TUR I" - . 1" :t f}. /Y~~'"I .'. . / I SIGNA " ~/ .(.;: /"7,('/-{ L ..; _: .;~. (,1-'9 {:,-, /': '- DATE ;,.. Fee pail'"t (({Ie '. / I C; I~' R.~~~tJ.,~'iO (o/'f/~? (?..k. OJ' (.. n: c s /.. ~ I I~-o. f;f) (lk ItL.O~J-S- ~ ~ '-Il,lf51' '%V/~J ;2~D '-G"O ADDRESS APPLl~l'I~ ~OR LAMD USE D.ISTRICT MAP -rERlUMAT19M CllesrElI. ~~tVG.TI PHONE. ?SZ-J>5'D~ 4~ e 2~.sf !.(€.i ~A-Lf2 rL4. ~~~Z? APPLICANT KEY j( g A /17?~ C ~ANS~ OR BAYS IDE? Oc011'r51P~ SUBDIVISION I{ A-,J..' 0 ALA f I MM 99'~ .5 ug , BLOCK .~. LOT(S) I?~ I, .(, J ~ S;, < ~ PLAT BOOK PAGE MISC. LOCATION INFORMATION (ATTACH EXTRA SHEET IF NECESSARY) t-D"- ~ p:.. B-t:;>p I~ { f;(1 Go-;=~ U. R.. .--1 Ie( (./ ~~A~~ s. C. / , '1... ~ ~ ,.:j b. 7 9' REQUEST ~~GE FROM REASON FOR REQUEST: TO IJ(;J r- Ale> TJ';:/~O . fA) ( 'f ~C- w,+.t B.u "2_ tu&ov -C) ~ AJ C {-fAt, /Jf e WA.AI ,-. 10 ({ e.. -;-u .1. ~ -n:; -r ff ;;... W 4'{ , -r uJ A..\ .s.c. PRESENT LAND USE: DESCRIPTION OF EVIDENCE SUPPORTING REQUEST: Dw.J - ~~J LL~I'-~~ ~ DATE /O-/.J.-Ny , SIGNATURE APPL!.~TI~' ,,;,qR LA!I) USE DISTRICT MAP . ~RJlIlNATI9N /I {- APPLICANT t'"/E ^' tV t9 jf, ~ '1/ f y' , I ADDRESS ). ,. {~ / ~ )r KEY }(1 Jo.~r) OCEANSIDE OR BAYS IDE? Dee a: 'YL SUBDIVISION N A'l'\~c:c.. L Q..l PLAT BOOK .I BLOCK .?. PHONE . IY5-;.~ -YS'C Y t1ve. 9;. 7 MM r/c..~1 ~::juj 7 PAGE Iq 'f LOT ( S ) .:l 3 MISC. LOCATION INFORMATION (ATTACH EXTRA SHEET IF NECESSARY) rA/!. ~ft~ U ~Acl~ ......p 'crt NU.-wtE"'~.s b~-ml'5 AII\d ~l(~'AIE~ I,e. ~ ~~.,. l,~.j f1"~; I R~",~~/s &e1",,) ic Rt ,~ ..sc.,/, S J!, I PI4 (~ BflSIWf.: ~ t-..;..s · REQUEST CHANGE FROM \..L, ~ t--( TO S ~ . REASON FOR RE~UE~T: PleoSe.. 'Pc...\ ~'~1 .Ba~ ~ (,&Jk~ ~c;. iT .waS ~. ~ ('~~ './)Q ~/~J.. ~ 2.::.ld'c H6 bEl. ".",E..11It, t~St'~ z.en..1" (,UIt1(7- I<< tEd>. w rift -DW Hc:lt t,r. To Nt Eo . '11tJ /J f . ''1- 0tJ.,1-li A. , -:f?J Eo. Jr ~ Sa / E tjcL I u. E OVl -tj iI .. - fI-"f.e. 11.1 I , i · ~ t~s ~ ..lit: if t..e~ Lc.i1J. f~~:1 ~;..... , / V I _. , I V .' -r' PRESENT LAND USE: ""fO~-11a.'::'L"..( ,/,,-. - _,> ._~__.t.A.A"r.< ~,.J..'c,.vCn"'....:.-c..'_' _ L '~ i \/ j. '. 4M... :B. I.Yhi4 11{, u~ '~ JHi:utj, ~ f?J;f"~' J.k. . /> c: ;J-. I. , , I ~ ~ '. '_...l4- L., '- .~ 4:...1,... ...L4, ~ _~ ,~o ~ ttu ~~lZ ~ C.t.h..... &z-.b-......~.~ ~o L DtsCRtPTIO~OF VIDENC, SUPPORTING 'REQUEST: /. SIGNATURE -1len~ If 4~ DATE Ie,,' - 17- r? ADDRESS ~PLI~TIOJ' ~R LAND USE DISTRICT ~. "'1'DJIINATION ~A-''')-, ~l~~ ,(,1,.(; ~ '" J;: ~/ tf"' /") ~ ..S:~.e-....~ PHONE . 3C'y i'Y,2 - sr.;. '"-' APPLICANT OCEANSIDE OR . / /~I BAYS IDE? -' ...( A J-f :;, , / ct:Jc ~,,4A.J S;.;..." MM 9~~ 7-2.. KEY BLOCK /?/::;; ,A} ,,/,..::; 4 (j / / PAGE /) __ LOT(S) ./9..4,/ .~~'- ~ 5- SUBDIVISION PLAT BOOK MISC. LOCATION INFORMATION (ATTACH EXTRA SHEET IF NECESSARY) / ~-y ~A.~-I.~ ~~~~,~ ~...,:~,..,~ ;?:'./H Q''1-i;r I!!'~"/?"~/f"..:.~ J~L/.s':z A/:~'~ "/ -"0. I )~ /? / j / - '. / ' /...,- . / ~ '.../ ~ /J~A i.}.{r ~~J / I /7t/i' A'?,,;/::i- /;/7.1/' LJ"v ~(/ / IJ ~<:'r,o~'C'. ~UJ/ (J r:-T u,e/v...ec. REQUEST CHANGE FROM /./ R /..' TO C; /' --..~ . ...i / '. ~ REASON FOR REQUEST: -:>, .'~ ,;, h~ <: ,,,,~,~.....,t:;1;'~' ~ =:F,'AJ, ~ ~~ ~/f.) ~.:J A:J/,4AJNt"~. S let" , / .:;; , / v zi ...-.. ~~ j"- ~ .-t- . .:if . / ".~ ~ ,..1f) . ' /)~ i?f ~7L' /' A~:;'e /D / ~s"r S.rR~~:::- U.J ,.;I A~ I""'c.,,.., <,...), r:/ "f/~ . - C;:PP,.n#/ L.~-tJP~~/~:J . Suo t' ..; .N~ ert./c., ."7/ ~ ,1r:;Jfi~../,I'7:";:::- a..,. :k:"":1 _ PJ&Ah- .+2n~.",.., r. R";J,LAh, _'A.' 0/ '/.:;'1?/~1 ~~..,,,. .--:: -:; / /? ~ /~ '.-::; --.L PRESENT LAND USE: /""-;... , r /7.'7"7 -' . .' ~. ,e~.n' 1-1/,,3'..../'1 1~,:;7' .A/"'.J'-t~)-;., ...n.....N T ,0/-<.. _~..--;::-J'""~6-p... ~:~~"7- . -C, /:~(2/"7 ~:~-:., ,&~ ~._~~~...,. ~..e1;;l2":.k4 p- L . , / ~. / ",-' ",r( .. ~ I lJ I ~ ~""""r,,'(.,.: .II~ ~~ .A~/,,/ ~1~~Gi ~"-~:n.1 '~A"'" f- ~--?/ . /'L.- ,;:( J/~"""'" ( /~~" I ,,/ ~".~ C. .r; r '. /':; .J.... - / / - ,,.j oJ .'_;"--~J...c.".cJ(~-t . l' DESCRIPTION OF EVIDENCE SUPPORTINC REQUEST: S J GNATURE~2~~ -r' . ~~ ::';~,,~- ~/' '. ,~ ~-~- DATE ./ r :/;.... /'.....-c. .: ~/.....,/ T ' ". APPL!..~:fIO!t_~l:! LAND USE DISTRICT MAP DETERJlIIHATION ;/ ~ . APPLICANT ~ ~.-u4'tk..- PHONE ,',,{?---<-Jtf.:f7 R~ / /~7? ,-?,F ~ / . ~ ~'~rC:' --~~ 0~A) ~./. . OCEANSIDE OR BAYSIDE? (J..;.--{:..r.-a.-...,~ SUBDIVISION ,//J~/i.--/&U~{~.// ,/ / /.ci~ PAGE ADDRESS KEY MM ,r; '1 ../ ' ; ~/ PLAT 'BOOK /9~ BLOCK LOT(S) // . .,.A ~ ~ ~ '" '""\ ., MISC. LOCATION INFORMATION (ATTACH EXTRA SHEET IF NECESSARY) - REASON FOR REQUEST: , 4-, ----t"---;P - /( -: 'lA-J / c./ . - ,.- J ) / ( TO '" ( _ _/;?L ;(L/-- -'it /.,:/~?~-C ~L. ~" ,.;t REQUEST CHANGE FROM ~'l. e./~""l -'t;tt A..-' / ,.,~ , t/.J' ~//.' A..~........t"'-t,-{,"_../ ,1" /. . "f ,f',,' ,:....;'_ " //-- /.- --' . r:- / / i::.. ,-.4''L{. ,,~-<- ,/; ~ /1.-:-,. ,'/ ~ , k ~ '7; ./ ~ /Jl, _-[ PRESENT LAND USE: ~ ~z[ /( /It DESCRIPTION OF EVIDENCE SUPPORTING REQUEST: .I /' S'IGNATURE, \" /'7../' - ~".. ' . ,. i ' ^'C./'z:(-R( .1_-<:' ___ ,/ DATE I ~..." ,,-{.I /~/ A;1 fC) ./ M>>P~t~,!"IC '-'OIL LAND_t1;!'_~!STI!JCT JIAP tTERPlI~TION APPLICANT C"/JRLOS //,LJlDFS 1/:l3J .MW. )II;:; I EIJ;I . FLp,{' l/l~ I I( c-T ~A /PC' 0 PHONE. '-~S/- 3Cfl./ 7 6'11 1lf- Ct;VR/ 3J{li:2.. ADDRESS KEY MM 97.-& OCEANSIDE OR BAYSIDE? o C t-7} AI ..;j Ot,"- SUBDIVISION PLAT BOOK /'1 h /II If) f) t.,-9 "v' I PAGE ~(C.t/. /'r /3 ( /~ r:2 LOT(S) BLOCK MISC. LOCATION INFORMATION (ATTACH EXTRA SHEET IF NECESSARY) Or! {/.5 I REQUEST CHANGE FROM IJ ;P 11 TO Sc- REASON FOR REQUEST: /Vt T ClirJr{6F /)/ 19~t - /Yo77nEl) IJF 2C1/V 1111';' PRESENT LAND USE: ~wElt/lVC- DESCRIPTION OF EVIDENCE SUPPORTING REQUEST: ^~ tl/'lG 77/1E (!W/lff7C.. SIGNATURE )/,-6~pt; l/;'~~ DATE cf}/7 / / /7/9 ~'LI~TIO" [OR LAND USE DISTRICT MAP APPLICANT ~EPII ~ANClS ~.DDRESS 3(, t. ,;< ~ ST I(~ i..~c;, c;"J r= L KEY I(~ iA-1e.Go ..u~RMINATI9N PHONE . jig.> ~ - .;z '? S-..3 MM 9 7- 7 OCEANSIDE OR BAYSIDE? a:::- c A-N BLOCK --!LJ (),.AJDt+ LA\./ I / .:!.. PAGE SUBDIVISION LOT(S) /'1~ ~tf PLAT BOOK MISC. LOCATION INFORMATION (ATTACH EXTRA SHEET IF NECESSARY) REQUEST CHANGE FROM // ~ /0/1 TO ..sc REASON FOR REQUEST: J/err ne7/.P/E P 0/ C h A/.)9e- . ~pL/96 ~ ,(., r (/~cd CZ.5; PRESENT LAND USE: DESCRIPTION OF EVIDENCE SUPPORTING REQUEST: SIGNATURE W: I. ~ DATE /tJ-/6- Ffl &~~,l.~TI(" _~R LAND USE DISTRICT MAl ETERP:I NAT I ON ADDRESS 1/ A Ea::ft;i(r RMR ~Lt::.LTLI( ftt HONE .. /809 S tI () va .5(:;,7r:3 #tLly,. ;' / 4(7- ~/? APPLICANT KEY K..'fY ~ MM '1? s- , OCEANSIDE OR BAYSIDE? I?C€:1f-AJ S / 0 ~ SUBDIVISION Hh/.D/J-,- kY PLAT BOOK / PAGE /f~ BLOCK ~ LOT(S) 9 ~ I~ MISC. LOCATION INFORMATION (ATTACH EXTRA SHEET IF NECESSARY) bV/t7# f)/.Jtl4ID t'/S , 1- , REQUEST CHANGE FROM II /(. /..{ TO S e.- If c;oi,: if uu/ "": ('~IVT~~c.r,l~ -I-rt.(c,k S ,..'Ar /c. fj~ _<=- " / / AS 4 /k.e/' 6If r- ;L~ I rei oe I' ..;." / / ~ /;/1<; 111"~ <; S~'Of5(L 6frt"'ttt.. U J1 d / -,f,tvt'J" oe;/ /n4?/..;';r, 7)- / REASON FOR REQUEST: ,{/c;" rtJ. d p ~ C /i..f/e' # , ~/ecrr (c.=( C'<'~ f/'d r:. fl,_ PRESENT LAND USE: DESCRIPTION OF EVIDENCE SUPPORTING REQUEST: ~~C~~ () (" e /' I ( (J, c~ __ ~ -f ~ f" f <" f'! C )1--;:' y- fI t1-Ier!3o /( EZilCTR Ie. , , t/e.A cfes cf4J F ~e, flit tv//!r d,J fl!4~ , ......9 r;?-~ DATE /.g;':"-/.P-1 APPENDIX 3 Land Use District Map Boundary Interpretation Number 55 BOCC staff report M # 99146 Kawalski - -- - . I . -.... - .... . '\".,.. - ~ ......... .. 'O'..... _...~ IIV"'~. . _ .-... " MEMORANDUM TO: Board of County Commissioners FROM : Donald L. Craig, AICP, Assoc. AlA, Assistant County Administrator for Growth Management Division Department: Planning SUBJECT: Boundary Determination for Mandalay S~mdivision Block 2, Lots 1-10, 13-25, 28, 31-34 Key Largo. DATE: January 25, 1990 MEETING DATE: February 13/14, 1990 PLANNER: Lorenzo Aghemo BIOLOGIST: Bob Smith Previous Relevant Board Action: 6/25/85 ( ) Referral: Yes X Commissioner'l:: District: No_ Recommended Action: Denial Background: Margaret Magargel, Chester Bennett, Glenna Cogley, Bonnie Nelson, ROI Correale, Carlos Valdes, Joseph Francis, and Louis Caputo are requestil a boundary determination for Block 2, Lots 1-10, 13-25, 28, 31-34 Mandalay Subdivision, zoned BU-2 prior to the adoption of the currel land use regulations. Boundary Determination request based upon desire of applicants to ha' zoning returned to commercial status. Lots 1-6, 28, and 31-33 are currently used for commercial storage; 10' 9 and 10 are occupied by a licensed electrical contractor and also h~ a radio tower on site; lots 7, 8, 13-25, and 30 are currently use fl residential purposes. The sites and surrounding areas feature a predom nantly built environment classified as disturbed with exotics. Findings of Fact: 1. There is no evidence at thil:: time indicating that placement of boUD ary lines was done in error. 2. Lots 7, 8, 13-25, and 30 are currently being used for residenti purposes. A designation of Suburban Commercial will render t existing residential uses non-conforming, which then could not replaced as such in the case of destruction in excess of more th forty-nine percent. 3. The Urban Residential Mobile designation does allow limited commer cial uses. 4. At their June 25, 1985 meeting, the Board of County CommissioneI: voted unanimously to zone the subject properties Urban Residentie Mobile. 5. The applicants have the alternative of applying for a map amendmer through the established re-zoning process. Action by:___Ordinance ~Resolution Citizens Committee Statement: ___Yes X No Attached Board Policy(ies) Applicable: N.A. Planninq Commission Action Taken:____Yes Date X N.A. Alternatives: Apply for a Map Amendment. Attached Documentation:~Yes___No 1. Application and proof of payment 2. Copy of Minutes from BOCC June 25, 1985 3. Photograph of properties 4. Proposed Boundary Change map 5. Land Use District Map 6. Aerial Map 24th edition 1989 7. Strip map 8. Existing land conditions map 9. Land Use District Map February 28, 1986 (Pattison) 10. Zoning Map Pre-September 1986 11. Staff Report (Planner & Biologist) APPENDIX 4 Board of County Commissioners Resolution 128-1990 BOCC staff report M # 99146 Kawalski ~ ~ldnning D~parrment RESOLTJ'l'10N NO. 128-1990 ~ "ESO~UT10N CONFIRl1ING THE ADMINISTRATIVE BOUND~RY INTERPRETATION OF THE PLANNING DIRECTOR IN LAND USE DISTRICT MAP BOUNDARY INTERPRETATION NUMBER 55 BLOCK 2, LOTS 1- 10. 13-25, 28. 11-14 MANDALAY SUBDIVISION WHEREAS, the property descriDed in the Planning Department Report of January 25, 1990, Block 2, Lots 1-10, 13-25, 28, 31-34 Mandalay subdivision, Key Largo, presently used for Residential and some Commercial, was zoned Medium Business District IBU-2) under the zoning code prior to september 15, 1986; and WHEREAS, the current Land Use district Doundaries were placed in error with .~e adoption of the september 15, 1986 Land Develop- ment Regulations, and therefore the subsequent maps were also in error, as they did not follow the previous demarcated commercial boundary; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: The administrative decision of the Planning Director in Land Use District Map Boundary Interpretation Number 55 dated January 25, 1990, which recommends approval is hereby acknowledged and found to De in conformance with the standards set forth in section 9.5-3Im), Monroe County Code, and therefore approved. The Clerk of the Board is hereDY directed to forward a certi- fied copy of this resolution to the Florida Department of communi- ty Affairs. PASSED AND ADOPTED by the Board of County Commissioners of Monroe CountYi- Florida, at regular meeting of said Board held on the 13th day of FeDruary, A.D., 1990. :'-..! BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID1\. " .- , . "; ..~:~:; '. ..,~~ ..,..,;.:-(" By , , ~....y o. Mayor/Chairman (SEAL) Attest :;P.\IUrl ~ :::':'::..:':':~~=. p.crk -L2Lt4.i?L Clerk / APPROVU) A50 ILl IORM AND U'GAl. SUFF/CIOIC' I . ,.~~ ~ ..', I \. " .------ N1tJtM(~ on- sP PLANNING COMMISSION RESOLUTIONS M#991146 RESOLUTION NO. PlS-OO A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL mGH (RB) TO MIXED USE/COMMERCIAL (Me) FOR PROPERTY DESCRIBED AS LOTS 11, 12, 27, AND 30 OF BLOCK 2, MANDALA Y SUBDIVISION, KEY LARGO, SECTION 06, TOWNSIDP 62 SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA, AND HAVING THE REAL ESTATE NUMBERS 00554460-000000, 00554620-000000, AND 00554420-000000. WHEREAS, during a regular meeting held on March 22, 2000, the Monroe County Planning Commission conducted a public hearing on the request filed by the Monroe County Planning Department to amend the Future Land Use Map (PLUM) of the Monroe County Year 2010 Comprehensive Plan from Residential High (RH) to Mixed Use/Commercial (Me) for property described as Lots 11, 12, 27 and 30 of Block 2, Mandalay Subdivision, Key Largo, Section 06, Township 62 South, Range 39 East; with the real estate numbers: 00554460-000000, 00554620-000000, and 00554420-000000. WHEREAS, the Planning Commission was presented with the following evidence, which by reference is hereby incorporated as a part of the record of said hearing: 1. The application for a FLUM requested by the Monroe County Planning Department to change from RH to MC; and 2. The staff report prepared by Chad Meadows, Comprehensive Planner, Donny Lang, Senior Planner, and Sandra Lee, Biologist, dated February 29, 2000; and 3. Comments made by the Development Review Committee; and; WHEREAS, the Planning Commission has made the following FINDINGS OF FACT based upon the evidence presented: 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 a change which negatively impacts community character. Objective 101.4 of the Comprehensive Plan requires that the county regulate future development to maintain the character of the community. 2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other commercial uses. PC FLUM Resolution #M99146 Page 1 of4 Init 3. The properties in question are composed of Lots 11, 12,27, and 30 of Block 2, Mandalay Subdivision in Key Largo. " 4. The properties are designated as Residential High (RH) on the Future Land Use Map, and as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map. 5. This proposed map amendment seeks to change the current Future Land Use Map (FLUM) designation of Residential High (RH) to a future land use designation of Mixed Use/Commercial (MC). 6. The Planning Department contends that this map amendment is needed based upon the need for greater detail or comprehensiveness when considering the zoning of properties in Block 2 of the Mandalay Subdivision. 7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive Plan. 8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25,28, and 31-34 applied for a Boundary Determination which requested that the zoning be changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the historically commercial use of these properties. 9. Resolution 128-1990 from the Board of County Commissioners granted the map change request made by the owners of Lots 1-10, 13-25,28, and 31-34, and changed the zoning of these properties from Urban Residential Mobile Home to Sub Urban Commercial. 10. The map change which took place in 1990 did not include six additional lots (11, 12,26, 27, 29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties have remained under the Urban Residential Mobile Home zoning designation since adoption of the 1986 Comprehensive Plan. 11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25,28, and 31-34 have retained the Sub Urban Commercial zoning designation as well as the Mixed Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30 have kept their Urban Residential Mobile Home designation and corresponding Residential High Future Land Use Map designation. 12. The exclusion of the six lots (11, 12, 26, 27, 29, and 30) from the 1990 map change created three spot zones of Urban Residential Mobile Home-designated land surrounded by land zoned Sub Urban Commercial. 13. In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urban Residential Mobile Home designation be changed to Sub Urban Commercial, and Initial~ Page 2 of4 PC FLUM Resolution #M99146 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to recommend to the Board of County Commissioners APPROVAL to amend the Future Land Use Map from Residential High (RH) to Mixed Use/Commercial (MC) for Lots 11, 12,27, & 30 of Block 2, Mandalay Subdivision, Key Largo. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a regular meeting held on the 22nd day of March, 2000. Chair Mapes Commissioner Marr Commissioner Werling Commissioner Stuart Commissioner Hill YES YES YES ABSENT ABSENT Signed this ~y of PLANNING COMMISSION OF MONROE COUNTY ~ I- . (I" " ~' I. LynntM~pes~ ~~' -; . \ . I \ I . , 2000. By APPROVED AS TO FORM ~LE~SUFF~ BY ~~ Attorney's Office PC FLUM Resolution #M99146 Page 4 of4 Initials RESOLUTION NO. Pl6-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSONERS OF THE REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT TO CHANGE THE MONROE COUNTY ZONING MAP FROM URBAN RESIDENTIAL MOBILE HOME (URM) TO SUB URBAN COMMERCIAL (SC) FOR PROPERTY DESCRIBED AS LOTS 11, 12,27, AND 30 OF BLOCK 2, MANDALAY SUBDIVISION, KEY LARGO, SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST, MONROE COUNTY, FLORIDA, AND HAVING THE REAL ESTATE NUMBERS 00554460-000000, 00554620-000000, AND 00554420-000000. WHEREAS, during a regular meeting held on March 22, 2000, the Monroe County Planning Commission conducted a public hearing on the request filed by the Monroe County Planning Department to amend the Monroe County Zoning Map from Urban Residential Mobile Home (URM) to Sub Urban Commercial (SC) for property described as Lots 11, 12,27 and 30 of Block 2, Mandalay Subdivision, Key Largo, Section 06, Township 62 South, Range 39 East; with the real estate numbers: 00554460-000000,00554620-000000, and 00554420-000000. WHEREAS, the Planning Commission was presented with the following evidence, which by reference is hereby incorporated as a part of the record of said hearing: 1. The application for zoning map amendments as requested by the Monroe County Planning Department to change from URM to SC; and 2. The staff report prepared by Chad Meadows, Comprehensive Planner, Donny Lang, Senior Planner, and Sandra Lee, Biologist, dated February 29, 2000; and 3. Comments made by the Development Review Committee; and; WHEREAS, the Planning Commission has made the following FINDINGS OF FACT based upon the evidence presented: 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 a change which negatively impacts community character. Objective 101.4 of the Comprehensive Plan requires that the county regulate future development to maintain the character of the community. 2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other commercial uses. PC LUM Resolution #M99146 Page 1 of 4 3. The properties in question are composed of Lots 11, 12,27, and 30 of Block 2, Mandalay Subdivision in Key Largo. 4. The properties are designated as Residential High (RH) on the Future Land Use Map, and as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map. 5. This proposed map amendment seeks to change the current Urban Residential Mobile Home (URM) designation to a zoning designation of Sub Urban Commercial (SC). 6. The Planning Department contends that this map amendment is needed based upon the need for greater detail or comprehensiveness when considering the zoning of properties in Block 2 of the Mandalay Subdivision. 7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive Plan. 8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25,28, and 31-34 applied for a Boundary Determination which requested that the zoning be changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the historically commercial use of these properties. 9. Resolution 128-1990 from the Board of County Commissioners granted the map change request made by the owners of Lots 1-10, 13-25,28, and 31-34, and changed the zoning of these properties from Urban Residential Mobile Home to Sub Urban Commercial. 10. The map change which took place in 1990 did not include six additional lots (11, 12,26, 27, 29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties have remained under the Urban Residential Mobile Home zoning designation since adoption of the 1986 Comprehensive Plan. 11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25,28, and 31-34 have retained the Sub Urban Commercial zoning designation as well as the Mixed Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30 have kept their Urban Residential Mobile Home designation and corresponding Residential High Future Land Use Map designation. 12. The exclusion of the six lots (11, 12, 26, 27, 29, and 30) from the 1990 map change created three spot zones of Urban Residential Mobile Home-designated land surrounded by land zoned Sub Urban Commercial. 13. In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urb~ Residential Mobile Home designation also be changed to Sub Urban Commercial so as justify their current or proposed uses of these four properties. PC LUM Resolution #M99146 Page 2 of 4 14. The Planning Department is proposing this map amendment as a way to respond to the requests of these residents who were left out of the original 1990 map changes, as well as a way to address the spot zones created by the 1990 map changes. 15. The property owners of Lots 26 and 29 were contacted by the Planning Department and invited to participate in the proposed map amendment, however, these property owners chose not to participate in favor of retaining their current Urban Residential Mobile Home designation. 16. The increased intensity of use which would be allowed under the proposed development potential will not represent significant impacts on the community character, natural resources, or public facilities. WHEREAS, the Planning Commission made the following CONCLUSIONS OF LAW based upon the evidence presented: 1. The proposed map amendment as requested is consistent with Section 9.5-511 of the Monroe County Land Development Regulations. 2. The proposed land use changes as requested would positively impact and reinforce community character, which is consistent with the proposed map amendment as requested is consistent with Section 9.5-511 of the Monroe County Land Development Regulations. 3. The proposed land use changes as requested would positively impact and reinforce community character, which is consistent with Objective 101.4. 4. Approving the proposed map amendment will address problematic spot zones created by the previous 1990 map change. PC LUM Resolution #M99146 Page 3 of4 Initia1'~ NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to recommend to the Board of County Commissioners APPROVAL to amend the Zoning Map from Urban Residential Mobile Home (URM) to Sub Urban Commercial (SC) for Lots 11, 12,27, & 30 of Block 2 Mandalay Subdivision, Key Largo. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a regular meeting held on the 22nd day of March, 2000. PLANNING COJISSION Chair Mapes Commissioner Marr Commissioner Werling Commissioner Stuart Commissioner Hill YES YES YES ABSENT ABSENT By MONROE COUNTY Signed this ~ay of ,2000. \ \ \j APPROVED AS TO FORM 8Y~~~~~ Attorney's Office PC LUM Resolution #M99146 Page 4 of 4 Initials APPLICATION M#991146 COUNTY OF MONROE PLANNING DEPARTMENT 2798 OVERSEAS HIGHWAY SUITE 410 MARATHON, FL 33050-2227 (305) 289-2500 MAP AMENDMENT APPLICATION For Future Land Use Map and Zoning Map Note: The applicant must complete the following infonnation for an application' to be accepted for review Please type or print all requested infonnation on this fonn. Attach additional sheets when necessary. All infonnation. including the application and all other materials, excluding the original photographs, must be submitted on 8112" x I I" paper. It is the applicant's responsibility to notify the Planning Deparanent of any changes that may occur to the application as it is being processed. , A) Name(s) of Propeny Owner(s): ~~vtC- Kk..;..i:"'':'S{(; i'l\G./,j4, rhLLI.Jt ,ct [;._ 1/ , I I' \:'""I/-,Cn,"( tk::"lc.r- !"L:. ~JiT6'f('C -- - ...--- ~\ j..JU t. ( I Mailing Address: Street City State Zip Code Telephone: Office Home B) Applicant/Agent's Name (Circle One): !'b,.v:-:~( c..:"_.I'~'\(~ Pl...J'/..J/'A..J.-'\.~ l~':K;,~"ii\Ri""lr^-r Finn: Mailing Address: Street /";..., ~ r" _.)""~ ~"/ '.'" '( '1,1 "':'::> ~ ';;(J) Ci.. L ~ 7~ r' ~ #1 Ie .. ~ -/ , City i,-+1Jc.:.~~, I'.~~ State i::-- '- Zip Code .; '-0 Co 7 c Telephone: Office ;- ~ -. - "~4""'-";~- ." ': .:..- ! ( (..'lo!>" Home jjl,f- C) Legal Description ofProptl'ty: Real Estate Number (C':' 'fU( ': (C-::~~.-''fI:.:2 c . ((. .":-~'f'~:"'J Key LkR(--C. Street c,' ~. i.... :fi:A.J~-: (, I:'.~ t :~ i..: I' ~_.~ Mile Marker (.',...., -~- I /. ~ Section . . l 'l: Township c:...- 'S Range .-, C ,.,/ ~~ 1 t:- Subdivision i'l /: ~~ [)~ ( :"t 1 Lot(s) i I ~ 11, '11, 3C .-" Block ...... Lot(s) Bloek Metes and Bounds description ifnot in a subdivision (auach additional sheet ifneeessary): appiicat\f1umapp.doc Revised: 4/8/98 Applicant's initials ~ ~ D) Current Future Land Use Map Designation ".. - r - , r C '71';{J>- l ,,'IL rt1r ':'t- Proposed Future Land Use Map Designation lA-/( Y>:.,!:, ....':>C G:'A\"i nt(;1 .1":- E) Current Land Use District Designation U t./""\ Proposed Land Use District Designation ~ c.. .., - w'c /'. (or ........... "L SizeofParceh .,L.~) '''>~' I ,~; F) G) Existing Use: If the property is developed, describe, in general terms, the existing use of the property such as the type of use, number of residential units, or the gross floor area of the commercial developmenL (If the property contains struCblres, submit a site plan in addition to your verbal description). Lors fl4::- ;: - ~""v~ ./J- -:. ~'.~' (',...... .(.~ r- ~/i-L..I,... \ . "'C-- '-' I.....;. \-;- \' . :"c v'-.-r ,k: to LLt ;-..', ~~-' c.... .4-TItrL. L(~ ;:'1 tf(-~ 11- IC}S~.,'-..-. i'~ C''..' '--<:.r ,~ t :;.,.::': -<~ t-!t::, l . ';-;.... /1 .__:"-.' '. . ;, '-' , ':. ~,'-.-',~ .L{" :,,/,,-;~t~ .(.~ A ~ ~""'- ,'.:.-~r ~l~h\.C _ ~.U~V{ l;.Y- .,!,...-" i ~ .~. ....~c... U.:./\. '/~( t..-TZ""\'~ l i ~(\ L-"<<-4.'~-:' s.c-. H) It is the applicant's burden to justify overturning existing land use designations previously set by the Board of County Commissioners. Below are the factors which the Board may consider in order to approve a proposed change, as prescribed by Section 9.5-51 1 (dX5)(b) of the Monroe County Code. However, the Code prohibits any change which would negatively impact community character. If you need assistance in preparing a response, please call to schedule a pre-application conference with the planning departmenL You must submit all supporting information, documentation or exhibits for future public hearings at the time you submit this application so that the Planning Department may use it in preparing its recommendation. Information provided at a later date may not be considered by the Planning Department, Planning Commission or Board of County Commissioners. 1. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based. 2. Changed assumptions (e.g., regarding demographic trends). 3. Data errors, including errors in mapping, vegetative types and muuraI features described in any section of the comprehensive plan. 4. New issues. G Recognition of a need for additional detail or comprehensiveness; or, 6. Data updates. I) Include 2 different photographs of the subject parcel(s)- 12 copies of each. Only original photos or color copies will be accepted. Aerial photos may not be used to meet this requirement but may be used for support infonnation. \appJicat\flumapp.doc Revised: 4/8/98 2 Applicant's initials IX - 1) Include a survey with a site plan if structureS exist on the property. K) Include a copy of the zoning map, clearly marking the boundaries of the propeny being considered. The Planning Depamnent will be able to assist you in obtaining a copy of the zoning map. L) Attach proof of ownership (i.e. copy of deed or tax bill). ~yl) Include a copy of the propeny record card from the propeny appraiser's office. N) Attach a notarized letter from the owner authorizing the applicant or agent to seek the amendment(s) and to represent the owner. All correspondence from Monroe County on this issue will be addressed to agent and not propeny owner(s), unless otherwise specified. 0) The application must be accompanied by the appropriate fee. The fee schedule is as follows: Amendment to the Future Land Use Map and Land Use District Map Amendment to the Land Use District Map Only $1.850 $1,650 I certify I am familiar with the infonnation contained in this application. and, to the best of my knowledge such infonnation is true, complete, and accurate. I also certify I possess the authority to undertake the proposed amendment(s). I understand the submission of false infonnation may lead to denial or revocation of the requested amendment(s). -- Applicant: / /t':-_ Signature I ) L.. - ! '1/rl,-, ,- Date ./ -<. ."'~" t... /. _u'- Print Name Notary STATE OF fit.lfl I) A COUNTY OF tv, G ",) i~ (, t:: BEFORE ME this day personally appeared )- '\. r,. \ ,.,; ~ LAN C- who, is personally known to me or has produced .~ +-: as identification. Sworn to and subscribed before me this o t-I~l day of '7 .-l~~.k(,;..~\ ~J NOTARY PUBLIC: \ 'I' I I ' '-=- .' , . \ I I '\ Cdll..J: X ,_, PriDt: State of . A.D. ~ :'1 ar..O . 'f ,. tMRlE $. USTIANOWSKI ~A\' COMMISSION /1 CC 672732 .l EXPIRES OCT 1,2001 ~ BONDED lHRU .~Of v..~ ATLANTIC BONDING CO.. INC J . - ( i I : p..-t.. t ).{ J..a.-1.~ My Commission Expires: app iicilt\flumapp.doc Re':ised: 4/8/98 3 Applicant's initials L:c ;' ~ ~". 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