Item S2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
November 21,2000
No X
Division: Growth Management
Department: Planning Department
AGENDA ITEM WORDING: Public hearing on the request by Terra Cotta Realty (Florida) Inc. to amend the land use
district (zoning) map from Offshore Island (OS) to Improved Subdivision (IS).
ITEM BACKGROUND: On September 14, 2000 the Development Review Committee recommended approval to the
Planning Commission. On September 27, 2000 the Planning Commission recommended approval to the Board of County
Commissioners.
PREVIOUS RELEVANT BOARD ACTION: A vested rights determination permitting the development rights for the
15 additional single-family residences was granted by a hearing officer and approved by the Board of County
Commissioners on January 10, 1990 (Resolution No. 041-1990).
A binding 10-year development agreement established by Terra Cotta Realty, Inc. Monroe County, and the Florida
Department of Community Affairs was entered into on January 13, 1995.
STAFF RECOMMENDATION: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
APPROVED BY: County Attorney
x
OMBlPurchasing N/A
Risk Management NI A
DEPARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL:
Timothy J. McG
DOCUMENTATION: Included
x
Not required
DISPOSITION:
Agenda Item #: ~
\\gmd0059\pub$\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\Terra Cotta - Pumpkin Key BOCC agenda item.doc
PUMPKIN KEY
TERRA COTTA REALTY (FLORIDA) INC.
LAND USE DISTRICT (ZONING)
MAP AMENDMENT
BOARD OF COUNTY COMMISSIONERS
KEY LARGO LIBRARY
NOVEMBER 21, 2000
PROPOSED LAND USE DISTRICT (ZONING) MAP
OFFSHORE ISLAND (OS)
TO
IMPROVED SUBDIVISION (IS)
This map amendment is for changing the zoning from Offshore Island (OS) to
Improved Subdivision (IS) for properties located on Pumpkin Key, Government
Lot 2 of Section 1, and Government Lot 5 of Section 12, Township 59 South,
Range 40 East, Monroe County, Florida. Pumpkin Key is located in Card Sound
off Snapper Point at the Ocean Reef Club.
RECOMMENDA TIONS
Staff:
Approval
September 4, 2000
Staff Report
DRC:
Approval
September 14, 2000
Resolution #D 11-00
PC:
Approval
September 27, 2000
Resolution #P62-00
BOCC Ordinance
ORDINANCE NO. -2000
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY TERRA COTTA REALTY (FLORIDA), INC. TO AMEND
THE LAND USE DISTRICT (ZONING) MAP FROM
OFFSHORE ISLAND (OS) TO IMPROVED SUBDIVISION (IS)
FOR PROPERTIES DESCRIBED AS GOVERNMENT LOT 2 IN
SECTION 1, AND GOVERNMENT LOT 5 IN SECTION 12,
TOWNSHIP 59 SOUTH, RANGE 40 EAST, MONROE
COUNTY, FLORIDA
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on November 21,2000, conducted a review and consideration of the request filed
by the applicant's agent to amend the zoning map from Offshore Island (OS) to Improved
Subdivision (IS) for properties located on Pumpkin Key, Government Lot 2 of Section I, and
Government Lot 5 of Section 12, Township 59 South, Range 40 East, Monroe County, Florida,
having the real estate identification numbers: 00912100.000000, 00912100.000100,
00912100.000200, 00912100.000300, 00912100.000400, 00912100.000500, 00912100.000600,
00912100.000700, 00912100.000800, 00912100.000900, 00912100.001000, 00912100.001100,
00912100.001200, 00912100.001300, 00912100.001400, 00912100.001500, and
00912100.001600; and
WHEREAS, the Development Review Committee, Planning Commission and staff
support and recommend approval of this land use district (zoning) map amendment from OS to
IS as indicated in Resolutions D12-00 and P62-00; and
WHEREAS, the Planning Commission reviewed and considered the application during a
public hearing on September 27,2000, and recommends approval of the request; and
WHEREAS, the Board of County Commissioners 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.
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, Scott E.
Mitchell, listed the following reasons for requesting a rezoning of the subject properties:
File M20001
Page I of5
Initials
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\Resolution MAP.doc
I. A vested rights determination permitting the development rights for the fifteen
(15) additional residential units was granted by a hearing officer and approved by
the Monroe County Board of County Commissioners in January, 1990.
ii. A binding ten-year development agreement established by Terra Cotta Realty,
Inc., Monroe County, and the Florida Department of Community Affairs was
entered into on January 13, 1995.
iii. Pumpkin Key was removed from the Coastal Barrier Resource System through an
Act of the United States Congress on October 21, 1998.
iv. Terra Cotta Realty, Inc. has prepared a Declaration of Conservation Easement and
signed said Easement on August 18, 2000.
v. The current zoning district for Pumpkin Key, Offshore Island (OS), is inconsistent
with the Future Land Use District, Residential Medium (RM).
4. The pre-1986 zoning of Pumpkin Key was General Use (GU).
5. Prior to the adoption of the 1986 Land Development Regulations, Terra Cotta Realty, Inc.
made improvements to all sixteen (16) lots on Pumpkin Key, providing utilities, electricity,
water, and telephone connections.
6. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Offshore Island (OS). The purpose of the Offshore Island (OS)
zoning district is to establish areas that are not connected to US 1 as protected, while
permitting low-intensity residential uses and campground spaces in upland areas that can be
served by cisterns, generators, and other self-contained facilities.
7. Terra Cotta Realty, Inc. applied for, and was granted a vested rights determination for the
development of fifteen (15) additional single-family residences by the Monroe County Board
of County Commissioners on January 10, 1990 (Resolution No. 041-1990).
8. A binding ten-year Development Agreement established by Terra Cotta Realty, Inc., Monroe
County, and the Florida Department of Community Affairs was entered into on January 13,
1995.
9. 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
Residential Medium (RM).
10. Policy 101.4.3 ofthe Monroe County Year 2010 Comprehensive Plan states that the purpose
of the Residential Medium (RM) Future 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
File M2000 I
Page 2 of5
Initials
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\Resolution MAP.doc
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.
11. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
12. The current Future Land Use category for Pumpkin Key is Residential Medium (RM).
13. The Residential Medium (RM) Future Land Use category corresponds with only one zoning
district, Improved Subdivision (IS).
14. 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.
15. The pre-1986 zoning (General Use - GU) and current Future Land Use Map category
(Residential Medium - RM) designated on Pumpkin Key is reflective of the purpose of the
Improved Subdivision (IS) zoning district.
16. The development rights approved in the Development Agreement authorized by Monroe
County and the Florida Department of Community Affairs supports the intent of the
Improved Subdivision (IS) zoning district.
17. 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, should
construction be permitted.
18. Objective 101.1 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.
19. The 2000 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.
20. In 1995, Pumpkin Key was added to the Coastal Barrier Resource System (CBRS FL - 35),
and removed from the Coastal Barrier Resource System by an Act of the United States
Congress on October 21, 1998.
21. Terra Cotta Realty, Inc. prepared a Declaration of Conservation Easement to protect 8.54
acres of land on Pumpkin Key in perpetuity and signed said Easement on August 18, 2000.
File M20001
Page 3 of5
Initials
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\Resolution MAP. doc
22. 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.
23. The proposed map amendment supports Goal 102 through the reduction in density of vested
development rights (from fifteen (15) to eleven (11) additional units), and through the
execution of a Declaration of Conservation Easement providing protection to 8.54 acres of
tropical hardwood hammock, mangrove, and shoreline; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. This map amendment meets the requirements of Section 9.5-511(d)(5)b.(iv) and Section 9.5-
218 of the Monroe County Land Development Regulations and it will not negatively impact
or alter the character of the subject properties or that of either the Ocean Reef Club or
Angler's Club.
2. The proposed zoning map amendment meets Objective 101.8 in that it provides a
mechanism for the Pumpkin Key zoning district to come into conformance with the Future
Land Use category.
3. The proposed zoning map amendment supports Objective 101.1 of the Monroe County Year
2010 Plan based on the findings of the 2000 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 is sufficiently consistent with Goal 102 of the Monroe
County Year 2010 Comprehensive Plan. Although some impacts to the natural environment
will occur, the establishment of an 8.54 acre Conservation Easement and the reduction in the
number of residential lots as determined in the Development Agreement are understood as
appropriate mitigation measures ensuring habitat conservation in perpetuity; NOW
THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT
Section I. The Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described properties, which are zoned Offshore Island (OS), shall
be zoned Improved Subdivision (IS) as shown on the attached map, which is hereby
incorporated by reference and attached as Exhibit I.
File M2000 I
Page 4 of 5
Initials
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\Resolution MAP.doc
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 Tern George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Freeman
(SEAL)
BY
ATTEST: DANNY KOLHAGE, CLERK
DEPUTY CLERK
File M2000 I
Page 5 of5
Initials
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\Resolution MAP.doc
Proposed Land Use District Map Key: Pumpkin Key
Amendment: Street Map
N
Proposal:
Terra Cotta Realty, Inc. is requesting a Map amendment (rezoning) from Offshore Island (OS) to
1m ved Subdivision IS
Property description:
RE#: 91210.000100-9121.001600 (Parcels 1-16) Government Lot 2, Section 1 and Government
Lot 5, Section 12 , Township 59 South, Range 40 East, also known as Pumpkin Key, Monroe County,
Florida
Land Use Disbict Map #: 60 Map Amendment #: 20001
Proposed Land Use District Map
Amendment: FARS 1999 Aerial
Key: Pumpkin Key
N
Mile Marker: N/A. ( located off the west coast of
the northerl end of Ke La 0
Proposal: Terra Cotta Realty, Inc. is requesting a Map amendment (rezoning) from Offshore Island
OS to 1m roved Subdivision IS
Property description:
RE#: 91210.000100-9121.001600 (Parcels 1-16) GovemmentLot2, Section 1 and Govemment
Lot 5, Section 12, Township 59 South, Range 40 East, also known as Pumpkin Key, Monroe County,
Florida
Aerial Map #: 26
Map Amendment #: 20001
W\Planning\Working Folders\T umminia-Jean\Errata\Map Amendments\MA 20001 \Staff Report Maps\MA 20001 Aerial Map .doc
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Proposed Land Use District Map
Amendment: Zoning Map
Key: Pumpkin Key
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Mile Marker: N1A ( located off the west coast of
the northerl end of Ke
Proposal: Terra Cotta Realty, Inc. is requesting a Map amendment (rezoning) from Offshore Island
(OS) to Improved SubdivisK>n (IS)
Property description: RE #: 91210.000100 - 9121.001600 (Parcels 1-16) Government Lot 2,
Section 1 and Government Lot 5, Section 12 , Township 59 South, Range 40 East, also known as
Pumpkin Key, Monroe County, Florida
Land Use District Map #: 60
Map Amendment #: 20001
BOCC Staff Report
.;..
MEMORANDUM
TO: Board of County Commissioners
.i fI'~
THROUGH: K. Marlene Conaway, Director of Planning
FROM: Edward Koconis, Director of Upper Keys Island Planning Team
Niko Reisinger, Upper Keys Biologist
SUBJECT: Pumpkin Key Map Rezoning OS to IS
File M20001
DATE: November 2,2000
MEETING DATE: November 21, 2000
EXISTING FUTURE LAND USE DESIGNATION: Residential Medium (RM)
PROPOSED FUTURE LAND USE DESIGNATION: No Change
EXISTING ZONING DESIGNATION: Offshore Island (OS)
PROPOSED ZONING DESIGNATIONS: Improved Subdivision (IS)
PROPERTY OWNER: Terra Cotta Realty (Florida), Inc.
AGENT: Scott E. Mitchell
PROPERTY INFORMATION
Key:
Pumpkin Key
Size:
25.26 acres
Mile Marker:
approx. 1300 ft. from Ocean Reef in Card Sound, Monroe County, Florida
File #M2000 1
Page 1 of 12
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\StaffReport.doc
Location Detail & Brief Description:
Pumpkin Key, owned by Terra Cotta Realty (Florida), Inc. is located approximately 1300 ft. off of
Ocean Reef in Card Sound, Monroe County, Florida. The subject properties are described as
Government Lot 2 of Section 1; and Government Lot 5 of Section 12, in Township 59, South,
Range 40 East with the real estate numbers:00912100.000000, 00912100.000100,
00912100.000200, 00912100.000300, 00912100.000400, 00912100.000500, 00912100.000600,
00912100.000700, 00912100.000800, 00912100.000900, 00912100.001000, 00912100.001100,
00912100.001200,00912100.001300, 00912100.001400, 00912100.001500, and 00912100.001600.
Existing Use:
The current use of the site is for a private residence. Five structures exist on the island:
· Main Residence
· East Residence/Service Building
· West Residence/Service Building
· Dock House/South Service Building
· Maintenance/Storage Building
Pumpkin Key also has the following improvements:
· A twenty slip double "L" residential concrete dock
· A subaqueous utility crossing constructed to bring water, electric, power, and telephones to
Pumpkin Key from Ocean Reef Club property on Snapper Point. The crossing consists of two
four (4) inch water mains, two (2) 13,800 volt electric lines and a one hundred (100) pair
telephone cable. An additional four (4) inch line was installed to handle future wastewater
disposal in the event that public sewers become available in North Key Largo. Electric, water,
and telephone service has been extended to all sixteen (16) lots on Pumpkin Key
· An interior and exterior cart path serving all of the sixteen (16) original permitted lots
· Two (2) tennis courts (also designed with consideration to be used as a heliport in the event of
emergency medical evacuation), a beach area, and three breakwaters
There are sixteen (16) residential lots range in size from I acre to 1.46 acres, and one area
containing the utilities, service buildings, and boat slips. Of the residential lots, twelve (12) have
shoreline access, while four (4) are internal. The internal lots are separated from the exterior lots by
a circular cart path. The exterior lots have an eight (8) foot wide sand sealed road running between
the shoreline and the lots. Although the original site plan included three caretaker apartments, to
date, only one has been constructed.
A professional land survey, prepared by Consulting Engineering and Science, Inc., in 1993 shows
the property lines. Section 9.5-281, Minimum Yards, of the Land Development Regulations
indicates that residential uses in Offshore Island (OS) zoning districts 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 20 feet. Shoreline setbacks may be more
restrictive; a 50-foot setback will be required for lots on the unaltered shoreline of Pumpkin Key.
Rezoning to Improved Subdivision (IS) would not change any of the setbacks since the
File #M2000 1
Page 2 of 12
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\StaffReport.doc
requirements for both the Offshore Island (OS) zoning district and the Improved Subdivision (IS)
zoning district are the same.
With the current OS zoning, in accordance with Section 9.5-377, District Boundary Buffers, no
buffers are required since Pumpkin Key does not interface with any zoning districts.
Existing Habitat:
Pumpkin Key is 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. A species of special concern is known to inhabit the island, this is the Florida
Banded Tree Snail, Liguus fasciatus. The parcels fall within the AEII and X flood zones per FIRM
panel 658G, effective date June 16, 1995.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
Sheet 328 of the 1985 Existing Conditions Aerials shows the vegetation code to be 426, which
indicates that the site is Tropical Hardwood Hammock. This aerial also shows some clear areas and
the tennis courts in the center of the island. Open Space Ratio is dependent upon the quality of the
hammock as determined by a habitat analysis, or a developer may declare the hammock High
Quality. In accordance with Section 9.5-343 of the Land Development Regulations, the open space
ratio for a High Quality Hammock is 0.80. Under the revised habitat analysis process, effective in
1998, any lot that is part of a hammock that covers 12.5 acres or more is automatically High
Quality. If a Habitat Analysis were conducted under the process in effect prior to 1998, Niko
Reisinger, County Biologist is confident that the results would indicate the lots are High Quality
Hammocks.
Neighboring Land Uses and Character:
Pumpkin Key is planned as a residential neighborhood, with one residential lot developed and the
remaining lots vacant. There are no plans for any commercial services on Pumpkin Key.
ZONING AND LAND USE HISTORY
Pre-1986 Zoning:
The pre-1986 zoning for the subject properties was General Use (GU) [Sec. 19-178]. This zoning
applied to all of Pumpkin Key and was intended as an interim land classification pending action to
rezone property a residential, business, or industrial classification. General use zoning permitted a
maximum density of eight (8) units per acre with 30% lot coverage.
Considerations During the 1986 Comprehensive Plan Process:
During the 1986 Comprehensive Plan process, Pumpkin Key was rezoned Offshore Island (OS)
consistent with the intent of providing protection to areas not connected to US 1 while providing low
intensity residential uses in upland areas. This zoning allowed one house per 10 acres of non-
wetlands, and a required 0.95 Open Space Ratio.
File #M20001
Page 3 of 12
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\StaffReport.doc
Considerations During the 2010 Comprehensive Plan Process:
During the 2010 Comprehensive Plan process, the Future Land Use category Residential Medium
(RM) was applied to Pumpkin Key, making the Offshore Island (OS) zoning designation
inconsistent.
Changes to Boundary Considerations Since 1986:
There have been no changes to boundary considerations since 1986.
ANAL YSIS 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 five reasons for requesting a rezoning of the subject properties.
These reasons are:
I. A vested rights determination permitting the development rights for fifteen (15)
additional residential units granted by a hearing officer and approved by the Monroe
County Board of County Commissioners on December 14, 1990;
ii. A binding ten-year development agreement established by Terra Cotta Realty, Inc.,
Monroe County, and the Florida Department of Community Affairs entered into on
January 13, 1995;
Hi. The removal of Pumpkin Key from the Coastal Barrier Resource System through an
act of the United States Congress on October 21, 1998;
iv. The execution ofa Declaration of Conservation Easement by Terra Cotta Realty, Inc.
with Monroe County on August 18, 2000; and
v. The inconsistency between the current zoning district, Offshore Island (OS), and the
Future Land Use District, Residential Medium (RM).
In 1986, the zoning designation for Pumpkin Key was changed from General Use (GU) to Offshore
Island (OS). Under the former General Use (GU) designation, Terra Cotta Realty, Inc. was
authorized to develop up to 16 single-family residences. Several infrastructure (utilities)
File #M2000 1
Page 4 of 12
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\StaffReport.doc
improvements had been made to the property with the understanding that the General Use (GU)
zoning designation would permit the development of the sixteen (16) lots.
In light of the 1986 down-zoning to Offshore Island (OS), Terra Cotta Realty, Inc. filed for an
Application for Determination of Vested Rights with Monroe County. On December 14, 1989, a
Monroe County Hearing Officer issued a final order finding that Terra Cotta Realty, Inc. was
entitled to and has vested rights to construct the fifteen (15) additional single family residences on
Pumpkin Key. The final order was adopted by the Monroe County Board of County Commissioners
on January 10, 1990 (Resolution No. 041-1990).
Following the vested rights hearing, Terra Cotta Realty, Inc., at the advice of former Director of
Planning Bob Herman, established a Development Agreement with Monroe County and the Florida
Department of Community Affairs (who had recently enacted the "Area of Critical State Concern")
for the construction of additional residential units on the remaining lots. At this time, the Monroe
County Year 20 I 0 Comprehensive Plan had not yet been finalized. Rather than pursue a rezoning
that would become complicated as a result of the Comprehensive Plan process, Terra Cotta Realty,
Inc. decided that in exchange for Monroe County's support of the Development Agreement, they
would designate a Conservation Easement of 8.54 acres consisting of the four internal lots, an area
of mangrove, and the land between the exterior lots and the shoreline running the entire
circumference of the island. The Development Agreement expires in 2005.
After the Development Agreement was entered into in 1995, Terra Cotta Realty, Inc. discovered
that Pumpkin Key had been included in the Coastal Barrier Resource System (CBRS FL - 35).
Objective 102.8 of the 2010 Comprehensive Plan states that Monroe County shall take actions to
discourage private development in areas designated units of the Coastal Barrier Resource System.
On January 28, 1996, the Director of US Fish and Wildlife indicated that Pumpkin Key met the
requirements to be considered developed at the time of the passage of the Coastal Barrier
Improvement Act in November 1990. Corrective Amendments (HR - 3647, HR - 4193, and S -
2470) were passed by Congress effectively removing Pumpkin Key from the Coastal Barrier
Resource System on October 21, 1998.
On August 18, 2000, Terra Cotta Realty fully executed a Declaration of Conservation Easement
(Attachment I) to be recorded by Monroe County at the time the zoning change from Offshore
Island (OS) to Improved Subdivision) is amended.
Additionally, the current zoning designation of Offshore Island (OS) is inconsistent with the Future
Land Use Designation Residential Medium (RM). Objective 101.8 of the Monroe County Year
2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of
uses that are inconsistent with the applicable provisions of the Land Development Regulations and
the Future Land Use Map. The proposed rezoning from Offshore Island (OS) to Improved
Subdivision will correct the inconsistency.
Data Updates: None.
File #M2000 1
Page 5 of 12
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IMP ACT AND POLICY ANALYSIS
Comparison of Development Potential for the Current and Proposed Land Uses:
1. Current Land Development Regulations (LDRs)
The current Future Land Use Map 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 principal 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.
The current zoning for the subject properties is Offshore Island (OS) Section 9.5-212 ofthe Monroe
County Land Development Regulations, described in the LDRs as follows:
The purpose of the Offshore Island (OS) zoning district is to establish areas that are not connected to USl
as protected, while permitting low-intensity residential uses and campground spaces in upland areas that
can be served by cisterns, generators, and other self-contained facilities.
Allowable uses under Section 9.5-241, Offshore Island District, include:
· Detached residential dwellings
· Camping, for the personal use of the property owner
· Beekeeping
· Accessory uses
· Home occupations - Special use permit requiring a public hearing
· Tourist housing uses, including vacation rentals which were established prior to January I, 1996
There are no uses permitted as minor or major conditional uses in the Offshore Island (OS)
zoning district.
2. Potential Land Uses With Proposed Map Amendment
The current Future Land Use district is Residential Medium (RM). There is no proposed change to
the Future Land Use Map category as part of this amendment.
The Residential Medium (RM) Future Land Use category corresponds with only the Improved
Subdivision (IS) zoning designation, which is described in Section 9.5-213 of the Monroe County
Land Development Regulations as follows:
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.
File #M2000 1
Page 6 of 12
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Allowable uses under Section 9.5-242, Improved Subdivision District includes detached
dwellings of all types.
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
LDRs 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 an increase in the development potential of the subject
properties. Both the density and intensity of allowable uses will be increased. The maximum net
density for both the Offshore Island (OS) zoning designation and the Improved Subdivision (IS)
zoning designation does not apply. The allocated density for the Offshore Island (OS) zoning is 0.1
dwelling unit per acre. The allocated density for the Improved Subdivision (IS) zoning designation
is one unit per lot. Since the lots on Pumpkin Key do not exceed ten (10) acres each (required for a
single residential dwelling in the Offshore Island zoning district), the proposed change in zoning
will result in a net increase in density on Pumpkin Key (even with the Conservation Easement). The
current maximum intensity permitted in the Offshore Island (OS) zoning district is 0-0.10, while the
maximum permitted intensity in the Improved Subdivision (IS) zoning district is O. Therefore the
proposed zoning change will result in an increase in the maximum intensity.
The original vested rights order (Resolution No. 041-1990) grants the development of fifteen (15)
additional residential units on Pumpkin Key. While the proposed change in zoning would increase
densities and intensities on Pumpkin Key, the Development Agreement entered into with Monroe
County and the Florida Department of Community Affairs further limits the development rights to
twelve (12) total residential units (eleven additional units). This represents a reduction in density of
four (4) units from the original vested rights order approved by the Monroe County Board of
County Commissioners.
Use Compatibility
While there are no adjacent land uses to Pumpkin Key, rezoning Pumpkin Key to a zoning district
which permits one single family residence per lot would be consistent with the determination by the
Monroe County Board of County Commissioners (Resolution 041-1990) and the Development
agreement executed between Terra Cotta Realty, Inc., Monroe County, and the Florida Department
of Community Affairs. The proposed zoning change will ensure that no future development is
permitted, and the 8.54 acre conservation easement will ensure that environmental and habitat
protection will be maintained in perpetuity.
Local Traffic and Parking
Since Pumpkin Key is an offshore island, there is no associated vehicular traffic or parking
generated on the island. Vehicular traffic generated from residents who occupy cars at Ocean Reef
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will be subject to the same regulations as Ocean Reef residents. Therefore, additional traffic will not
impact local traffic and parking within Monroe County.
Effects on Natural Resources:
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
Niko Reisinger, Upper Keys Biologist, made a site visit to the subject properties at the time of the
vesting hearing. She believes that rezoning the properties from Offshore Island (OS) to Improved
Subdivision (IS) will have some negative effects on the habitat of the subject properties, as they are
tropical hardwood hammock.
The Development Agreement between Terra Cotta Realty Inc., Monroe County, and the Florida
Department of Community Affairs includes and requires the dedication of the four internal lots as
conservation lands. The applicant is complying with this directive having executed a Declaration of
Conservation Easement. The Declaration dedicates approximately 8.54 acres to conservation in
perpetuity. This is recognized as an appropriate mitigation measure for the development impacts to
Pumpkin Key.
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 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater
and wastewater:
Traffic Circulation
Access to Pumpkin Key is by way of boat and therefore the rezoning does not impact the Level Of
Service along US 1. Traffic generated from Pumpkin Key residents with vehicles at Ocean Reef are
required to adhere to the same regulations as Ocean Reef residents, and therefore do not pose any
impact to either Hurricane Evacuation times or Level of Service on US 1.
Solid Waste
The proposed land use change is not expected to have a significant effect on solid waster generation
or removal. If developed, each lot will be required to have it's own solid waste pick up service,
provided by the adjacent Ocean Reef Club.
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 2000. The proposed
land use change is not anticipated to have a significant effect on potable water withdrawals.
File #M2000 1
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Storm water
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 (BMPs). Construction within the limited
clearing allowed in tropical hardwood hammocks usually does not result in upland runoff, since
trees remaining on site utilize the rainwater.
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.
Effects on Redevelopment/Infill 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. While the proposed land use change is not entirely in keeping with
Goal 102, the reduction in development rights and the Declaration of Conservation Easement as
required in the Development Agreement are understood as appropriate measures to mitigate the
impacts of development on Pumpkin Key.
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, Scott E. Mitchell,
listed the following reasons for requesting a rezoning of the subject properties:
I. A vested rights determination permitting the development rights for the fifteen (15)
additional residential units was granted by a hearing officer and approved by the
Monroe County Board of County Commissioners in January, 1990.
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W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\StaffReport.doc
II. A binding ten-year development agreement established by Terra Cotta Realty, Inc.,
Monroe County, and the Florida Department of Community Affairs was entered into
on January 13, 1995.
III. Pumpkin Key was removed from the Coastal Barrier Resource System through an
Act of the United States Congress on October 21, 1998.
IV. Terra Cotta Realty, Inc. has prepared a Declaration of Conservation Easement and
signed said Easement on August 18, 2000.
V. The current zoning district for Pumpkin Key, Offshore Island (OS), is inconsistent
with the Future Land Use District, Residential Medium (RM).
4. The pre-1986 zoning of Pumpkin Key was General Use (GU).
5. Prior to the adoption of the 1986 Land Development Regulations, Terra Cotta Realty, Inc. made
improvements to all sixteen (16) lots on Pumpkin Key, providing utilities, electricity, water, and
telephone connections.
6. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Offshore Island (OS). The purpose of the Offshore Island (OS)
zoning district is to establish areas that are not connected to US 1 as protected, while permitting
low-intensity residential uses and campground spaces in upland areas that can be served by
cisterns, generators, and other self-contained facilities.
7. Terra Cotta Realty, Inc. applied for, and was granted a vested rights determination for the
development of fifteen (15) additional single-family residences by the Monroe County Board of
County Commissioners on January 10, 1990 (Resolution No. 041-1990).
8. A binding ten-year Development Agreement established by Terra Cotta Realty, Inc., Monroe
County, and the Florida Department of Community Affairs was entered into on January 13,
1995.
9. 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
Residential Medium (RM).
10. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
the Residential Medium (RM) Future 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.
File #M20001
Page 10 of 12
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\BOCC\StaffReport.doc
11. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
12. The current Future Land Use category for Pumpkin Key is Residential Medium (RM).
13. The Residential Medium (RM) Future Land Use category corresponds with only one zoning
district, Improved Subdivision (IS).
14. 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.
15. The pre-1986 zoning (General Use - GU) and current Future Land Use Map category
(Residential Medium - RM) designated on Pumpkin Key is reflective of the purpose of the
Improved Subdivision (IS) zoning district.
16. The development rights approved in the Development Agreement authorized by Monroe County
and the Florida Department of Community Affairs supports the intent of the Improved
Subdivision (IS) zoning district.
17. 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, should construction
be permitted.
18. Objective 101.1 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.
19. The 2000 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.
20. In 1995, Pumpkin Key was added to the Coastal Barrier Resource System (CBRS FL - 35), and
removed from the Coastal Barrier Resource System by an Act of the United States Congress on
October 21, 1998.
21. Terra Cotta Realty, Inc. prepared a Declaration of Conservation Easement to protect 8.54 acres
of land on Pumpkin Key in perpetuity and signed said Easement on August 18, 2000.
22. 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.
23. The proposed map amendment supports Goal 102 through the reduction in density of vested
development rights (from fifteen (15) to eleven (11) additional units), and through the execution
File #M2000 I
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of a Declaration of Conservation Easement providing protection to 8.54 acres of tropical
hardwood hammock, mangrove, and shoreline; and
CONCLUSIONS OF LAW:
1. This map amendment meets the requirements of Section 9.5-511(d)(5)b.(iv) and Section 9.5-
218 of the Monroe County Land Development Regulations and it will not negatively impact or
alter the character of the subject properties or that of either the Ocean Reef Club or Angler's
Club.
2. The proposed zoning map amendment meets Objective 101.8 in that it provides a mechanism
for the Pumpkin Key zoning district to come into conformance with the Future Land Use
category .
3. The proposed zoning map amendment supports Objective 101.1 of the Monroe County Year
2010 Plan based on the findings of the 2000 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 is sufficiently consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur,
the establishment of an 8.54 acre Conservation Easement and the reduction in the number of
residential lots as determined in the Development Agreement are understood as appropriate
mitigation measures ensuring habitat conservation in perpetuity.
RECOMMENDATION
Based on the Findings of Fact and Conclusions of Law, the Planning Commission recommends
APPROVAL to the Board of County Commissioners of the proposed Official Land Use District
Map (zoning) amendment from Offshore Island (OS) to Improved Subdivision (IS).
File #M20001
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Planning Commission Resolution
RESOLUTION NO. P62-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE
BOARD OF COUNTY COMMISSIONERS OF THE REQUEST
BY TERRA COTTA REALTY (FLORIDA), INC. TO AMEND
THE LAND USE DISTRICT (ZONING) MAP FROM
OFFSHORE ISLAND (OS) TO IMPROVED SUBDIVSION (IS)
FOR PROPERTIES DESCRIBED AS GOVERNMENT LOT 2 IN
SECTION 1, AND GOVERNMENT LOT 5 IN SECTION 12,
TOWNSHIP 59 SOUTH, RANGE 40 EAST, MONROE
COUNTY, FLORIDA
WHEREAS, the Monroe County Planning Commission, during a regular meeting held
on September 27, 2000, conducted a review and consideration of the request filed by the
applicants' agent to amend the zoning map from Offshore Island (OS) to Improved Subdivision
(IS) for properties located on Pumpkin Key, Government Lot 2 of Section 1, and Government
Lot 5 of Section 12, Township 59 South, Range 40 East Monroe County, Florida, having the real
estate identification numbers: 00912100.000000, 00912100.000100, 00912100.000200,
00912100.000300, 00912100.000400, 00912100.000500, 00912100.000600, 00912100.000700,
00912100.000800, 00912100.000900, 00912100.001000, 00912100.001100, 00912100.001200,
00912100.001300,00912100.001400,00912100.001500, and 00912100.001600; and
WHEREAS, the Planning Commission examined the following information:
1. The application from Terra Cotta Realty, Inc. to change the Land Use District
(zoning) map from Offshore Island (OS) to Improved Subdivision (IS); and
2. The staff report prepared by Pat Small, Planner and Niko Reisinger, Upper Keys Biologist,
dated September 27,2000; 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.
File M2000 I
Page I of5
Initials
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\PC\Resolution P62-00 MAP. doc
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, Scott E.
Mitchell, listed the following reasons for requesting a rezoning of the subject properties:
I. A vested rights determination permitting the development rights for the fifteen
(15) additional residential units was granted by a hearing officer and approved by
the Monroe County Board of County Commissioners in January, 1990.
II. A binding ten-year development agreement established by Terra Cotta Realty,
Inc., Monroe County, and the Florida Department of Community Affairs was
entered into on January 13, 1995.
iii. Pumpkin Key was removed from the Coastal Barrier Resource System through an
Act of the United States Congress on October 21, 1998.
iv. Terra Cotta Realty, Inc. has prepared a Declaration of Conservation Easement and
signed said Easement on August 18, 2000.
v. The current zoning district for Pumpkin Key, Offshore Island (OS), is inconsistent
with the Future Land Use District, Residential Medium (RM).
4. The pre-1986 zoning of Pumpkin Key was General Use (GU).
5. Prior to the adoption of the 1986 Land Development Regulations, Terra Cotta Realty, Inc.
made improvements to all sixteen (16) lots on Pumpkin Key, providing utilities, electricity,
water, and telephone connections.
6. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Offshore Island (OS). The purpose of the Offshore Island (OS)
zoning district is to establish areas that are not connected to US 1 as protected, while
permitting low-intensity residential uses and campground spaces in upland areas that can be
served by cisterns, generators, and other self-contained facilities.
7. Terra Cotta Realty, Inc. applied for, and was granted a vested rights determination for the
development of fifteen (15) additional single-family residences by the Monroe County Board
of County Commissioners on January 10, 1990 (Resolution No. 041-1990).
8. A binding ten-year Development Agreement established by Terra Cotta Realty, Inc., Monroe
County, and the Florida Department of Community Affairs was entered- into on January 13,
1995.
9. 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
Residential Medium (RM).
File M2000 I
Page 2 of5
Initials
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\PC\Resolution P62-00 MAP.doc
10. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose
of the Residential Medium (RM) Future 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.
11. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
12. The current Future Land Use category for Pumpkin Key is Residential Medium (RM).
13. The Residential Medium (RM) Future Land Use category corresponds with only one zoning
district, Improved Subdivision (IS).
14. 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.
15. The pre-1986 zoning (General Use - GU) and current Future Land Use Map category
(Residential Medium - RM) designated on Pumpkin Key is reflective of the purpose of the
Improved Subdivision (IS) zoning district.
16. The development rights approved in the Development Agreement authorized by Monroe
County and the Florida Department of Community Affairs supports the intent of the
Improved Subdivision (IS) zoning district.
17. 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, should
construction be permitted.
18. Objective 101.1 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.
19. The 2000 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.
20. In 1995, Pumpkin Key was added to the Coastal Barrier Resource System (CBRS FL - 35),
and removed from the Coastal Barrier Resource System by an Act of the United States
Congress on October 21, 1998.
File M20001
Page 3 of5
Initials
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\PC\Resolution P62-00 MAP.doc
21. Terra Cotta Realty, Inc. prepared a Declaration of Conservation Easement to protect 8.54
acres of land on Pumpkin Key in perpetuity and signed said Easement on August 18,2000.
22. 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.
23. The proposed map amendment supports Goal 102 through the reduction in density of vested
development rights (from fifteen (15) to eleven (11) additional units), and through the
execution of a Declaration of Conservation Easement providing protection to 8.54 acres of
tropical hardwood hammock, mangrove, and shoreline; and
WHEREAS, the Planning Commission made the following Conclusions of Law:
1. This map amendment meets the requirements of Section 9.5-511(d)(5)b.(iv) and Section 9.5-
218 of the Monroe County Land Development Regulations and it will not negatively impact
or alter the character of the subject properties or that of either the Ocean Reef Club or
Angler's Club.
2. The proposed zoning map amendment meets Objective 101.8 in that it provides a
mechanism for the Pumpkin Key zoning district to come into conformance with the Future
Land Use category.
3. The proposed zoning map amendment supports Objective 101.1 of the Monroe County Year
2010 Plan based on the findings of the 2000 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 is sufficiently consistent with Goal 102 of the Monroe
County Year 2010 Comprehensive Plan. Although some impacts to the natural environment
will occur, the establishment of an 8.54 acre Conservation Easement and the reduction in the
number of residential lots as determined in the Development Agreement are understood as
appropriate mitigation measures ensuring habitat conservation in perpetuity; NOW
THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA, to recommend APPROVAL to the Monroe County Board of County
Commissioners, of the request of Terra Cotta Realty (Florida), Inc. to change the zoning map
from Offshore Island (OS) to Improved Subdivision (IS) for properties located on Pumpkin Key,
Government Lot 2 in Section 1, and Government Lot 5 in Section 12, Township 59 South, Range
40 East Monroe County, Florida, having the real estate identification numbers:
00912100.000000, 00912100.000100, 00912100.000200, 00912100.000300, 00912100.000400,
00912100.000500, 00912100.000600, 00912100.000700, 00912100.000800, 00912100.000900,
File M20001
Page 4 of5
Initials
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\PC\Resolution P62-00 MAP. doc
00912100.001000, 00912100.001100, 00912100.001200, 00912100.001300, 00912100.001400,
00912100.001500, and 00912100.001600.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at
a regular meeting held on the 2ih of September, 2000.
Chair Mapes
Vice Chair Stuart
Commissioner Hill
Commissioner Marr
Commissioner Werling
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY
BY
Lynn Mapes, Chair
Signed this
day of
,2000.
BY
File M20001
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Initials
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\PC\Resolution P62-00 MAP.doc
Development Review Committee Resolution
DRC RESOLUTION NO. D11-00
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL TO THE PLANNING COMMISSION OF THE
REQUEST BY TERRA COTTA REALTY (FLORIDA), INC. TO
AMEND THE LAND USE DISTRICT (ZONING) MAP FROM
OFFSHORE ISLAND (OS) TO IMPROVED SUBDIVSION (IS)
FOR PROPERTIES DESCRIBED AS GOVERNMENT LOT 2 IN
SECTION 1, AND GOVERNMENT LOT 5 IN SECTION 12,
TOWNSHIP 59 SOUTH, RANGE 40 EAST, MONROE
COUNTY, FLORIDA
WHEREAS, the Monroe County Development Review Committee, during a regular
meeting held on September 14, 2000, conducted a review and consideration of the request filed
by the applicants' agent to amend the zoning map from Offshore Island (OS) to Improved
Subdivision (IS) for properties located on Pumpkin Key, Government Lot 2 of Section 1, and
Government Lot 5 of Section 12, Township 59 South, Range 40 East Monroe County, Florida,
having the real estate identification numbers: 00912100.000000, 00912100.000100,
00912100.000200, 00912100.000300, 00912100.000400, 00912100.000500, 00912100.000600,
00912100.000700, 00912100.000800, 00912100.000900, 00912100.001000, 00912100.001100,
00912100.001200, 00912100.001300, 00912100.001400, 00912100.001500, and
00912100.001600; and
WHEREAS, the Development Review Committee examined the following
information:
1. The application from Terra Cotta Realty, Inc. to change the Land Use District
(zoning) map from Offshore Island (OS) to Improved Subdivision (IS); and
2. The staff report prepared by Pat Small, Planner and Niko Reisinger, Upper Keys Biologist,
dated September 4,2000; and
Fact:
WHEREAS, the Development Review Committee made the following Findings of
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.
DRC Resolution to Amend Zoning Map Page 1 of 5 Initials ~
File M20001
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\DRC\Resolution D II-OO.doc
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, Scott E.
Mitchell, listed the following reasons for requesting a rezoning of the subject properties:
I. A vested rights determination permitting the development rights for the fifteen
(15) additional residential units was granted by a hearing officer and approved by
the Monroe County Board of County Commissioners in January, 1990.
II. A binding ten-year development agreement established by Terra Cotta Realty,
Inc., Monroe County, and the Florida Department of Community Affairs was
entered into on January 13, 1995.
iii. Pumpkin Key was removed from the Coastal Barrier Resource System through an
Act of the United States Congress on October 21, 1998.
iv. Terra Cotta Realty, Inc. has prepared a Declaration of Conservation Easement and
signed said Easement on August 18, 2000.
v. The current zoning district for Pumpkin Key, Offshore Island (OS), is inconsistent
with the Future Land Use District, Residential Medium (RM).
4. The pre-1986 zoning of Pumpkin Key was General Use (GU).
5. Prior to the adoption of the 1986 Land Development Regulations, Terra Cotta Realty, Inc.
made improvements to all sixteen (16) lots on Pumpkin Key, providing utilities, electricity,
water, and telephone connections.
6. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Offshore Island (OS). The purpose of the Offshore Island (OS)
zoning district is to establish areas that are not connected to US 1 as protected, while
permitting low-intensity residential uses and campground spaces in upland areas that can be
served by cisterns, generators, and other self-contained facilities.
7. Terra Cotta Realty, Inc. applied for, and was granted a vested rights determination for the
development of fifteen (15) additional single-family residences by the Monroe County Board
of County Commissioners on January 10, 1990 (Resolution No. 041-1990).
8. A binding ten-year Development Agreement established by Terra Cotta Realty, Inc., Monroe
County, and the Florida Department of Community Affairs was entered into on January 13,
1995.
9. 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
Residential Medium (RM).
DRC Resolution to Amend Zoning Map Page 2 of 5 Initials ~
File M20001
W:\Planning\Map Amendments\Terra Cotta - Pumpkin Key\DRC\Resolution DII-OO.doc
10. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose
of the Residential Medium (RM) Future 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.
11. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
12. The current Future Land Use category for Pumpkin Key is Residential Medium (RM).
13. The Residential Medium (RM) Future Land Use category corresponds with only one zoning
district, Improved Subdivision (IS).
14. 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.
15. The pre-1986 zoning (General Use - GU) and current Future Land Use Map category
(Residential Medium - RM) designated on Pumpkin Key is reflective of the purpose of the
Improved Subdivision (IS) zoning district.
16. The development rights approved in the Development Agreement authorized by Monroe
County and the Florida Department of Community Affairs supports the intent of the
Improved Subdivision (IS) zoning district.
17. 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, should
construction be permitted.
18. Objective 101.1 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.
19. The 2000 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.
20. In 1995, Pumpkin Key was added to the Coastal Barrier Resource System (CBRS FL - 35),
and removed from the Coastal Barrier Resource System by an Act of the United States
Congress on October 21, 1998.
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21. Terra Cotta Realty, Inc. prepared a Declaration of Conservation Easement to protect 8.54
acres of land on Pumpkin Key in perpetuity and signed said Easement on August 18, 2000.
22. 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.
23. The proposed map amendment supports Goal 102 through the reduction in density of vested
development rights (from fifteen (15) to eleven (11) additional units), and through the
execution of a Declaration of Conservation Easement providing protection to 8.54 acres of
tropical hardwood hammock, mangrove, and shoreline; and
WHEREAS, the Development Review Committee made the following Conclusions of Law:
1. This map amendment meets the requirements of Section 9.5-511(d)(5)b.(v) and Section 9.5-
218 of the Monroe County Land Development Regulations and it will not negatively impact
or alter the character of the subject properties or that of either the Ocean Reef Club or
Angler's Club.
2. The proposed zoning map amendment meets Objective 101.8 in that it provides a
mechanism for the Pumpkin Key zoning district to come into conformance with the Future
Land Use category.
3. The proposed zoning map amendment supports Objective 101.1 of the Monroe County Year
2010 Plan based on the findings of the 2000 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 is sufficiently consistent with Goal 102 of the Monroe
County Year 2010 Comprehensive Plan. Although some impacts to the natural environment
will occur, the establishment of an 8.54 acre Conservation Easement and the reduction in the
number of residential lots as determined in the Development Agreement are understood as
appropriate mitigation measures ensuring habitat conservation in perpetuity. NOW
THEREFORE,
BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE
COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning
Commission, of the request of Terra Cotta Realty (Florida), Inc. to change the zoning map from
Offshore Island (OS) to Improved Subdivision (IS) for properties located on Pumpkin Key,
Government Lot 2 in Section 1, and Government Lot 5 in Section 12, Township 59 South, Range
40 East Monroe County, Florida, having the real estate identification numbers:
00912100.000000, 00912100.000100, 00912100.000200, 00912100.000300, 00912100.000400,
00912100.000500, 00912100.000600, 00912100.000700, 00912100.000800, 00912100.000900,
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00912100.001000, 00912100.001100, 00912100.001200, 00912100.001300, 00912100.001400,
00912100.001500, and 00912100.001600.
PASSED AND ADOPTED by the Development Review Committee of Monroe County,
Florida, at a regular meeting held on the 14th of September, 2000.
Edward Koconis, AICP, DRC Chair
Pat Small, Planner
Ralph Gouldy, Senior Environmental Resources Planner
Department of Public Works
Department of Engineering
Department of Health
YES
YES
YES
YES
YES
ABSENT
BY
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
(' V
r ctJJ11\~, r IYI,.~[!ru-J--
Edward Koconis, AICP,'bRC Chair
Signed this i~~day of ~Y?Pf~J\11x'r
,2000.
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."
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