Loading...
Item S1 BOARD OF COUNTY COMMISSIONERS AGENDAITEMS~Y Meeting Date: December 13, 2000 Bulk Item: No X Division: Growth Management Department: Planning & Environmental Resources AGENDA ITEM WORDING: A public hearing to consider a DCA Transmittal Resolution to amend the Future Land Use Map (FLUM) from Residential Conservation (Re) to Residential High (RH) and to amend the Land Use District (Zoning) Map from Native (NA) to Urban Residential- Mobile Home (URM). ITEM BACKGROUND: On October 17, 2000 the Development Review Committee recommended approval of both items to the Planning Commission. On November 16, 2000 the Planning Commission recommended approval of both items to the Board of County Commissioners. PREVIOUS RELEVANT BOARD ACTION: On December 2, 1998, Donald Craig representing the applicant applied for a boundary determination to change the zoning for the subject lots from Native Area (NA) to Urban Residential- Mobile Home (URM). County staff had recommended that the boundary be re-interpreted to reflect the surrounding URM zoning. The Monroe County Board of County Commissioners decided on April 14, 1999 that the rezoning process would be more appropriate to address the changes in zoning with respect to the subject properties. STAFF RECOMMENDATION: APPROVAL TOTAL COST: COST TO COUNTY: AMOUNT PER MONTH BUDGETED: Yes N/A NO PER YEAR NI A APPROVED BY: County Attorney X OMB/Purchasing NI A Risk Management NI A DEPARTMENT HEAD APPROVAL: . Marlene Conaway Director of Plannin DIVISION DIRECTOR APPROVAL: or DOCUMENTATION: Included X To follow J .~Uired Agenda Item #: ~1 DISPOSITION: HUGH J. MORGAN CORAL SHORES MOBILE HOME ESTATES FUTURE LAND USE MAP AMENDMENT AND LAND USE DISTRICT (ZONING) MAP AMENDMENT TRANSMITTAL HEARING BOARD OF COUNTY COMMISSIONERS MARATHON GOVERNMENT CENTER DECEMBER 13,2000 PROPOSED FUTURE LAND USE AMENDMENT RESIDENTIAL CONSERVATION (RC) TO RESIDENTIAL HIGH (RH) & PROPOSED ZONING AMENDMENT NATIVE (NA) TO URBAN RESIDENTIAL - MOBILE HOME (URM) This map amendment is for changing the Future Land Use Map designation from Residential Conservation (RC) to Residential High (RR) and the zoning from Native (NA) to Urban Residential- Mobile Home (URM) for two properties, Lots II and 12, on Sea Whip Street in Coral Shores Mobile Home Estates Section 2 in Section 20, T66S, R29E on Little Torch Key, Monroe County, Florida, at approximately mile marker 28.2. FUTURE LAND USE RECOMMENDA TrONS Staff: Approval August 31, 2000 Staff Report DRC: Approval October 17,2000 Resolution #DI2-00 PC: Approval November 16, 2000 Resolution #P70-00 ZONING RECOMMENDA TrONS Staff: Approval August 31, 2000 Staff Report DRC: Approval October 17,2000 Resolution #D13-00 PC: Approval November 16, 2000 Resolution #P71-00 TRANSMITTAL RESOLUTION RESOLUTION NO. -2000 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST BY HUGH 1. MORGAN TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL CONSERVATION (RC) TO RESIDENTIAL HIGH (RH) FOR PROPERTIES DESCRIBED AS LOTS 11 & 12, CORAL SHORES MOBILE HOME ESTATES SECTION 2, LITTLE TORCH KEY, LOCATED IN SECTION 20, TOWNSHIP 66S, RANGE 29E, MONROE COUNTY, FLORIDA, AT APPROXIMATELY MILE MARKER 28.2, HAVING THE REAL ESTATE IDENTIFICATION NUMBERS 00214482. 012200 AND 00214482.012300 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 draft ordinance 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 first (1 st) set of comprehensive plan amendments for 2001 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statutes; and Page 1 of2 Initials C:\TEMP\Transmittal Resolution.doc 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-11.006 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the _ of , 2000. Mayor George Neugent Mayor Pro Tern Nora Williams Commissioner Sonny McCoy Commissioner Murray Nelson Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Neugent A TTEST: DANNY L. KOLHAGE, CLERK BY (Seal) Deputy Clerk Page 2 of2 Initials C:\TEMP\Transmil.doc DRAFT FLUM ORDINANCE AND MAP EXHIBIT 1 ORDINANCE NO. -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY HUGH 1. MORGAN TO AMEND THE FUTURE LAND USE MAP FROM RESIDENTIAL CONSERVATION (RC) TO RESIDENTIAL HIGH (RR) FOR PROPERTIES DESCRIBED AS LOTS 11 & 12, CORAL SHORES MOBILE HOME ESTATES SECTION 2, LITTLE TORCH KEY, LOCATED IN SECTION 20, TOWNSHIP 66S, RANGE 29E, MONROE COUNTY, FLORIDA, AT APPROXIMATEL Y MILE MARKER 98.5 WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on December 13, 2000, conducted a review and consideration of the request filed by the applicant to amend the Future Land Use Map from Residential Conservation (RC) to Residential High (RH) for properties located on Sea Whip Street in Coral Shores Mobile Home Estates Section 2, Section 20, Township 66S, Range 29E, Monroe County, Florida, having the real estate identification numbers 00214482.012200 and 00214482.012300; and WHEREAS, the Development Review Committee, Planning Commission, and staff report all recommend approval of this future land use map amendment from RC to RH as indicated in Resolutions D12-00 and P70-00; and WHEREAS, the Planning Commission held a public hearing on November 16, 2000 and recommends approval of the request; and WHEREAS, the Board of County Commissioners made the following Finding of Fact: 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This map amendment recognizes data errors concerning the vegetative types found onsite. The application was initiated by the applicant to rezone the subject properties to a land use district that permits the construction of one (1) mobile home per lot. Mobile homes are found adjacent to the subject property on all sides but the Florida Bay frontage, in a neighborhood where the character is composed solely of mobile homes. 3. The pre-1986 zoning of the subject properties was Mobile Home Residential District (RU-5). 4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Native Area (NA). Map File #20003 Page 1 of 4 Initials C:\TEMP\Ordinance FLUM.doc 5. Section 9.5-210 of the Land Development Regulations states that the purpose of the Native Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. 6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject properties Residential Conservation (RC). 7. Policy 101.4.1 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of Residential Conservation (RC) Future Land Use category is to encourage preservation of open space and natural resources while providing for very low-density residential development in areas characterized by a predominance of undisturbed native vegetation. 8. Section 9.5-511 prohibits any map amendments which would negatively impact community character. 9. The subject properties are bordered by Urban Residential - Mobile Home (URM) zoning designation to the north, and Florida Bay to the south and west of Lot 12, and south and east of Lot 11. 10. The Residential High (RH) Future Land Use category corresponds with the land use zoning category, Urban Residential - Mobile Home (URM) and therefore the Residential High (RH) Future Land Use category is the most appropriate land use category for the subject properties. 11. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 12. The 2000 Public Facilities Capacity Assessment Report and the listed programs on storm water and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 13. 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. 14. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed and scarified, therefore no negative impacts on the natural resources of the subject properties are anticipated. 15. The proposed map amendment supports Goal 102 although marginally changing the development potential of the subject properties since it will increase the allocated density, but decrease the maximum intensity; and Map File #20003 Page 2 of 4 Initials C:\TEMP\Ordinance FLUM.doc WHEREAS, the Board of County Commissioners made the following Conclusions of Law: 1. The proposed map amendment meets the criteria outlined in Section 9.5-S11(d)(5)b.(iii) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Coral Shores Mobile Home Estates Nos. 1 and 2 Subdivision neighborhoods. 2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into conformance. 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the findings of the 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 supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, and will facilitate infill in an already developed residential neighborhood; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section I. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently designated Native (NA) shall be designated Urban Residential - Mobile Home (URM) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit I. Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or proVISIOn of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this prdinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the state land planning agency for review and comment pursuant to Chapter 163, Florida Statutes. Map File #20003 Page 3 of4 Initials C:\TEMP\Ordinance FLUM.doc Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. 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 George Neugent Mayor Pro Tern Nora Williams Commissioner Sonny McCoy Commissioner Murray Nelson Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Neugent (SEAL) ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK BY Map File #20003 Page 4 of 4 Initials C:\TEMP\Ordinance FLUM.doc ( f,' L ",".:,.. f~"---'--' .-- i t: I I: ~~ ; t,.~ . I I '0'_' .'. '~,~.., ~ .' '.,~'';. 1- "=cl , .~~ .~ ~= RCto RH The Monroe County Year 2010 Comprehensive Plan Future N Land Use Map is RrQPosed to be amended as indicated above and briefly described as: Chanae Lots 11 and 12, Coral Shores Mobile Home Estates, Little Tourch Key, Monroe County. Florida from RC to RH Pursuant to Effective Date: Director of Planning and Environmental Resources Amendment #: 20002 Date Sheet #: 6 DRAFT REZONING ORDINANCE AND MAP EXHIBIT 1 ORDINANCE NO. -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY HUGH J. MORGAN TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM NATIVE (NA) TO URBAN RESIDENTIAL - MOBILE HOME (URM) FOR PROPERTIES DESCRIBED AS LOTS 11 & 12, CORAL SHORES MOBILE HOME ESTATES SECTION 2, LITTLE TORCH KEY, LOCATED IN SECTION 20, TOWNSHIP 66S, RANGE 29E, MONROE COUNTY, FLORIDA, AT APPROXIMA TEL Y MILE MARKER 98.5 WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on December 13, 2000, conducted a review and consideration of the request filed by the applicant to amend the Land Use District (zoning) Map from Native (NA) to Urban Residential - Mobile Home (URM) for properties located on Sea Whip Street in Coral Shores Mobile Home Estates Section 2, Section 20, Township 66S, Range 29E, Monroe County, Florida, having the real estate identification numbers 00214482.012200 and 00214482.012300; and WHEREAS, the Development Review Committee, Planning Commission, and staff report all recommend approval of this future land use map amendment from RC to RH as indicated in Resolutions D13-00 and P71-00; and WHEREAS, the Planning Commission held a public hearing on November 16, 2000 and recommends approval of the request; and WHEREAS, the Board of County Commissioners made the following Finding of Fact: 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This map amendment recognizes data errors concerning the vegetative types found onsite. The application was initiated by the applicant to rezone the subject properties to a land use district that permits the construction of one (1) mobile home per lot. Mobile homes are found adjacent to the subject property on all sides but the Florida Bay frontage, in a neighborhood where the character is composed solely of mobile homes. 3. The pre-1986 zoning of the subject properties was Mobile Home Residential District (RU-5). 4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Native Area (NA). Map File #20003 Page I of 4 Initials C:\TEMP\Ordinanl.doc 5. Section 9.5-210 of the Land Development Regulations states that the purpose of the Native Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. 6. Section 9.5-511 prohibits any map amendments which would negatively impact community character. 7. The subject properties are bordered by Urban Residential - Mobile Home (URM) zoning designation to the north, and Florida Bay to the south and west of Lot 12, and south and east of Lot 11. 8. Section 9.5-205 of the Land Development Regulations states that the purpose of the Urban Residential - Mobile Home (URM) zoning designation is to recognize the existence of established mobile home parks and subdivisions, but not to create new such areas, and to provide for such areas to serve as a reservoir of affordable and moderate cost housing in Monroe County. 9. The mobile homes found on all of the properties surrounding the subject properties and the residential nature of the surrounding neighborhood are reflective of the purpose of the Urban Residential- Mobile Home (URM) land use district. 10. Section 9.5-239 of the Land Development Regulations indicates that the Urban Residential - Mobile Home (URM) zoning district permits mobile homes and therefore is the most applicable zoning district designation for the subject properties that will protect the residential nature of the community, should construction be permitted. 11. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 12. 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. 13. 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. 14. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed and scarified, therefore no negative impacts on the natural resources of the subject properties are anticipated. Map File #20003 Page 2 of 4 Initials C:\TEMP\Ordinance MAP. doc 15. The proposed map amendment supports Goal 102 although marginally changing the development potential of the subject properties since it will increase the allocated density, but decrease the maximum intensity; and WHEREAS, the Board of County Commissioners made the following Conclusions of Law: 1. The proposed map amendment meets the criteria outlined in Section 9.5-511(d)(5)b,(iii) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Coral Shores Mobile Home Estates Nos. 1 and 2 Subdivision neighborhoods. 2. The proposed map amendment supports Objective 101.11 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. 3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, and will facilitate infill in an already developed residential neighborhood; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently zoned Native shall be changed to Residential High as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Monroe County Land Use District (zoning) Map shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or provlSlon of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the state land planning agency for review and comment pursuant to Chapter 163, Florida Statutes. Map File #20003 Page 3 of 4 Initials C:\TEMP\Ordinance MAP.doc Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. 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 George Neugent Mayor Pro Tern Nora Williams Commissioner Sonny McCoy Commissioner Murray Nelson Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Neugent (SEAL) ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK Map File #20003 Page 4 of 4 Initials C:\TEMP\Ordinance MAP.doc ..1 ~ 1.- '\ Site II. . GO"~\. / Proposed Land Use District Map Key: UttIe Torch Amendment: Zoning Map Mile Marker: Approximate Mile Marker 28.5 N Proposal: The Planning Depar1ment is requesting a Land Use District Map amendment from Native Mea (NA)) to Urban Residential Mobile Home URM for ro located on Sea Whi Street Property description: RE #: 00214482~1220 (Lot 11) & 00214482~12300 (Lot 12) Sec. 20, Twp. 66 S., Rge. 29 E. Lots 11 & 12, Block 6, Coral Shores Mobile Home Estates, UttIe Torch Key, Monroe County, Florida Land Use District Map #: 369 Map Amendment # : 20002 ,., r . l:.,:" f . Ir_.& ,,' , ..>\ :~.r~ . ..,;, ~~~t .':. . -~ . .-c:=::::t . <;:-It.DMlIIKD ~~ ~.';;"'N.. '. ,- '\;,-,': 1: MIDDLElil I e , \ \OR.CH ill " ....,"'"- \ /OO~ KEY~ ~ ~. ~ 'J Proposed Land Use District Map Amendment: Street Map Key: UttIe Torch N Mile Marker: Approximate Mile Marker 28.5. Proposal: The Planning Department is requesting a Land Use District Map amendment from Native Area (NA)) to Urban Residential Mobile Home URM for ro located on Sea Whi Street Property description: RE #: 00214482-01220 (Lot 11) & 00214482-012300 (Lot 12) Sec. 20, Twp. 66 S., Rge. 29 E. Lots 11 & 12, Block 6, Coral Shores Mobile Home Estates, Uttle Torch Key, Monroe County, Florida Land Use District Map #:369 Map Amendment # : 20002 Proposed land Use District Map Amendment: 1999 FARS Aerial Key: Uttle Torch N Mile Marker: Approximate Mile Marker 28.5. Proposal: The Planning Department is requesting a Land Use District Map amendment from Native Area (NA)) to Urban Residential Mobile Home URM for ro located on Sea Whi Street Property description: RE #: 00214482-01220 (Lot 11) & 00214482-012300 (Lot 12) Sec. 20, Twp. 66 S., Rge.29 E. Lots 11 & 12, Block 6, Coral Shores Mobile Home Estates, Uttle Torch Key, Monroe County, Florida Aerial Map#: 10-20 Map Amendment #: 20002 W\Planning\Working Folders\T umminia-Jean\Errata\Map Amendments\MA 20002\Staff Report Maps\Aerial 2OOO2.doc STAFF REPORT MEMORANDUM TO: Board of County Commissioners THROUGH: K. Marlene Conaway, Director of PI ann in #-I FROM: Edward Koconis, AICP, Island Planning Team Director and Jeanette Hobbs, Biologist SUBJECT: Morgan, Coral Shores Mobile Home Estates: Future Land Use Map Amendment RC to RH Official Land Use District Map Amendment (Rezoning) NA to URM DATE: November 27,2000 MEETING DATE: December 13,2000 EXISTING FUTURE LAND USE DESIGNATION: Residential Conservation (RC) PROPOSED FUTURE LAND USE DESIGNATION: Residential High (RH) EXISTING ZONING DESIGNATION: Native Area (NA) PROPOSED ZONING DESIGNATION: UrbanResidentialMobileHome (URM) AGENT: Hugh J. Morgan PROPERTY INFORMATION Key: Little Torch Size: Approximately 13,372 sq. ft. (0.31 acres) Mile Marker: MM 28.3 of U.S. Highway 1 Location Detail & Brief Description: Two properties in Section 20, Township 66, Range 29 in Monroe County, Florida, are included in this map amendment with the Real Estate Numbers, 00214482.012200 and 00214482.012300. The subject properties are located within the Coral Shores Mobile Home Estates Section 2 Subdivision off of US 1 at Mile Marker 28.3 on the northern (bayside) tip of Little Torch Key. County Road 4A C:\ TEMP\Staff Report.doc Page 1 of 10 File # M20002 provides access off of USI to Coral Shores Mobile Home Estates Sections I & 2. The properties to which this map amendment applies, Block 6, Lots II and 12 are situated at the end of Bayview Drive on Sea Whip Street. The Coral Shores Mobile Home Estates Subdivision consists of Sections I and 2 (Section 2 is bisected by Section I). Coral Shores Estates is composed solely of mobile homes. All lots in the subdivisions have water access either by canal or shoreline. The surrounding properties are built out with mobile homes. The subject properties are the sole vacant parcels in Coral Shores Mobile Home Estates and are zoned Native Area (NA). The adjacent platted lands to the south and east in Coral Shores Mobile Home Estates Section 2 are submerged making these two lots the only upland lots on the south side of Sea Whip Street. The current zoning requires four (4) acres for a single detached dwelling (there is no maximum net density available in Native Area zoning). The area ofthe property is 0.31 acres. Therefore, not enough land is available for a dwelling unit with the existing zoning. Figure 1. View of Subject Property Looking West Figure 2. View of Subject property Looking East Existing Use: The subject properties are two side by side lots, Lot 11, approximately 4140 sq. ft., and Lot 12, approximately 9, 232 sq. ftoo Lot II has a depth of 80.78 ft., while Lot 12 has a depth varying from 80.78 ft. to 33.79 ft.. Coral Shores Mobile Home Estates was created out of fill. A large section of Coral Shores Mobile Home Estates Section 2 was required to be restored (excavated) to its original pre-fill condition as per instructed in District Court Case No. 77-4528-Civ-SMA (1985). Lots II and 12 were exempted from this ruling, and so have remained at their present elevation (2 ~ to 3 feet above the surrounding waters). According to the Monroe County Year 20 I 0 Comprehensive Plan, the shoreline of the subject properties has been altered. This determination is based on the lack of transition zone between the upland portion of the site and the shore, and the absence of slope between the upland and the shore. Rip-rap has been placed along the western edge of Lot 12, while the southern and eastern shorelines of both Lots II and 12 are sloping fill with no reinforcement. C:\ TEMP\Staff Report. doc Page 2 of 10 File # M20002 A professional land survey prepared by John Petsche, Jr. shows the property line. Section 9.5-281, Minimum Yards, of the Land Development Regulations indicates that residential uses in Native Area zoning have a minimum 25 foot front yard setback, a minimum 10 foot setback on one side yard with a combined minimum of 15 feet for both sides, and a rear yard setback of 10 feet. The mean high waterline of the altered shoreline defines the rear setback. In this case, the setback from the altered shoreline is 20 feet. Rezoning to Urban Residential- Mobile Home (URM) would change the setback requirements. The front setback would become 10 feet, the side yard setback would become 10 feet on one side yard with a combined minimum of 20 feet for both sides, with the rear yard setback remaining at 20 feet. With the current Native Area zoning, in accordance with Section 9.5-377 of the Monroe County Land Development Regulations, a minimum District Boundary Buffer of 30 feet would be required. With the proposed URM zoning, a District Boundary Buffer would not be required since the proposed zoning would be consistent with the adjacent zoning district. Existing Habitat: The habitat of the subject properties is best classified as disturbed and scarified. The lots consist of invasive exotic vegetation (Brazilian pepper and Australian pine) and two (2) small Poisonwood trees. A few small buttonwood exist on the edges of the fill pad, and red, white, and black mangrove grow only along the sloping edges of the fill pad and in the water. While there are a few small patches of sea ox-eye daisy and purslane, lack of hydric soils and hydrological indicators reveals upland and not wetland conditions for the site. This parcel is within a platted subdivision that is serviced by public utilities. The parcels are not recognized habitat to any state or federally listed animal species and are not within C.A.R.L. or critical habitat area. The parcels fall within the AE9 flood zone as per the FIRM panel 1509H, effective date March 3, 1997. Land Use and Habitat on the 1985 Existing Conditions Aerials: Sheet 124 of the 1985 Existing Conditions Aerials shows the vegetation code to be 740, which indicates that the site is disturbed. An open space ratio of 0.20 is required in accordance with Section 9.5-343 of the Land Development Regulations. Neighboring Land Uses and Character: The Coral Shores Mobile Home Estates Section 2 subdivision is exclusively a residential neighborhood. The two subject properties are the last two undeveloped lots in the subdivision. All developed lots appear to have well-maintained mobile homes on them. ZONING AND LAND USE HISTORY Pre-1986 Zoning: C:\ TEMP\Staff Report.doc Page 3 of 10 File # M20002 The pre-1986 zoning for the subject properties was RU-5, Mobile Home Residential District. This zoning applied to all of the properties in both Coral Shores Mobile Home Estates Sections 1 and 2. The zoning district was intended to provide residential areas consisting of mobile homes. Considerations During the 2010 Comprehensive Plan Process: During the 2010 Comprehensive Plan process, the Future Land Use category of Residential Conservation (RC) was applied to the subject properties following the existing zoning. All other upland properties in the Coral Shores Mobile Homes Estates Subdivisions Sections 1 and 2 were given the Residential High (RH) category consistent with mobile home residences. Changes to Boundary Considerations Since 1986: On December 2, 1998, Donald Craig representing the applicant applied for a boundary determination to change the zoning for the subject lots from Native Area (NA) to Urban Residential - Mobile Home (URM). County staff had recommended that the boundary be re- interpreted to reflect the surrounding URM zoning. The Monroe County Board of County Commissioners decided on April 14, 1999 that the rezoning process would be more appropriate to address the changes in zoning with respect to the subject properties. ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b): Changed Projections or Assumptions: None Data Errors: According to the pre-1986 zoning the properties were zoned RU-5, Mobile Home Residential District, supporting the mobile home use on the subject properties. The Court ruling (Case No. 77-4528-Civ-SMA) requiring the restoration of the portion of Coral Shores Mobile Home Estates Section 2 adjacent to, but not including the subject lots, may have been a consideration in the Native Area zoning determination in 1986. However, the subject properties were categorized as disturbed in the existing conditions map from 1985. The current site analysis on July 31, 2000 has confirmed that the upland portion of the site is still disturbed and scarified. Therefore, the current zoning is inappropriate for the two subject lots. New Issues: None Recognition of a Need for Additional Detail or Comprehensiveness: None IMPACT AND POLICY ANALYSIS Comparison of Development Potential For the Current and Proposed Land Uses: 1. Current Land Development Regulations (LDRs) C:\ TEMP\Staff Report.doc Page 4 of 10 File # M20002 The current Future Land Use Map category for the subject properties is Residential Conservation (RC). Policy 101.4.1 of the Monroe County Year 2010 Comprehensive Plan states that: The principal purpose of the Residential Conservation land use category is to encourage preservation of open space and natural resources while providing for very low-density residential development in areas characterized by a predominance of undisturbed native vegetation. Low-intensity public uses and utilities are also allowed. The current zoning for the subject properties is Native Area (NA). Section 9.5-210 of the Monroe County Land Development Regulations states that: The principal purpose of the Native Area land use category is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. Allowable uses as-of-right under Section 9,5-239, Native Area District include: · Detached residential dwellings; · Beekeeping; · Home occupations - Special use permit requiring a public hearing; and · Accessory uses. Uses permitted as minor conditional uses include: · Attached residential dwelling units not exceeding 4 units; · Public buildings and uses provided that the parcel is larger than 2 acres; · Agricultural uses; and · Attached wireless communication facilities. Uses permitted as major conditional uses include: · Attached residential units; · Marinas; · Solid waste facilities; and · Satellite earth stations. 2. Potential Land Uses With Proposed Text Amendment The proposed Future Land Use Map category for the subject properties is Residential High (RH). Policy 101.4.4 of the Monroe County Year 2010 Comprehensive Plan states that: The principal purpose of the Residential High category is to provide for high-density single-family, multi-family, and institutional residential development, including mobile homes and manufactured housing, located near employment centers. The Residential High corresponds with the land use (zoning) district, Urban Residential Mobile Home (URM), which is described in the Land Development Regulations as follows: C:\ TEMP\Staff Report. doc Page 5 of 10 File # M20002 The purpose of the URM district is to recognize the existence of established mobile home parks and subdivisions, but not to create new such areas, and to provide for such areas to serve as a reservoir of affordable and moderate cost housing in Monroe County. Allowable uses as-of-right under Section 9.5-234, Urban Residential - Mobile Home include: · Mobile homes; · Detached residential dwellings; · Recreational vehicles; · Home occupations; and - Accessory uses. There are no minor conditional uses permitted in the Urban Residential - Mobile Home zoning category. Uses permitted as major conditional uses include: · Marinas; · Commercial retail of low and medium intensity and office uses or any combination therefore less than 2500 sq. ft.; · Parks and Community Parks; · Stealth wireless communication facilities. Compatibility With Adjacent Land Uses and Effects on Community Character: The Monroe County Land Development Regulations (LDRs) address this issue with Section 9.5- 511 prohibiting any amendments that would negatively impact community character. The proposed text amendment is not in conflict with the community character based on the following findings: Density and Intensity The proposed rezoning will result in a marginal change in the development potential of the subject properties. There is no associated maximum net density for either Native Area (NA) or Urban Residential- Mobile Home (URM) zoning. However, the allocated density increases from 0.25 units/acres of land with Native Area (NA) zoning to one unit per lot with Urban Residential- Mobile Home zoning. The maximum intensity (floor area ratio) for Native Area (NA) zoning is 0 - 0.20 (for Public Buildings and Uses), while the maximum intensity for Urban Residential - Mobile Home is O. Therefore, the proposed zoning change will increase the allocated density (for Public Buildings and Uses) but decrease the maximum intensity. Use Compatibility Rezoning the subject properties to a zoning district that permits mobile homes would ensure the harmonization of land uses in the neighborhood. The rezoning would also bring these properties into synchronization with the zoning scheme of the surrounding parcels already zoned Urban C:\ TEMP\Staff Report.doc Page 6 of 10 File # M20002 Residential - Mobile Home, creating greater consistency in this subdivision, and improving the opportunities for successful integration with the land uses of the surrounding properties, should development be approved. Local Traffic and Parking Coral Shores Mobile Home Estates Subdivision Section 2 is at the northern tip of Little Torch Key. Therefore, only local traffic is generated along these roads leading to the Coral Shores Mobile Home subdivisions. Parking in the neighborhood is contained on-site. Therefore, parking would not be a concern with the proposed change in zoning since it would be accommodated on the subject properties. Effects on Natural Resources: Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. A site visit carried out by Lower Keys Biologist, Jeanette Hobbs, on July 31, 2000, shows that rezoning the properties from Native Area (NA) to Urban Residential- Mobile Home (URM) will not have any negative effects on the habitat of the subject properties. The subject properties are scarified with only minimum amounts of native vegetation occurring along the shoreline, and are classified as disturbed and scarified. 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 map amendment 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 US 1 is required to maintain a level of service (LOS) C in order to support additional development. The level of service for Mile Marker 28.3 is A, which is adequate to serve the existing and proposed uses. This level of service will not be significantly affected by the proposed change from Native Area (NA) zoning to Urban Residential - Mobile Home (URM) for the two lots. Access to US 1 from the subject properties is by way of Bayview Drive (which becomes Coral Shores Road) and County Road 4A. Vehicular traffic associated with the permitted uses of the subject properties after the rezoning will likely increase negligibly. C:\ TEMP\Staff Report. doc Page 7 of 10 File # M20002 Solid Waste The existing solid waste haul out contract will provide Monroe County with guaranteed capacity until 2006. The proposed land use change is not expected to have a significant effect on solid waster generation or removal. Potable Water The Florida Keys Aqueduct Authority's eXIstmg consumptive use permit authorizes the withdrawal of sufficient quantities to meet the demand anticipated for 2000. The proposed text amendment is not anticipated to have a significant effect on potable water withdrawals. Storm water It is unlikely that a net increase in storm water 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). 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 Stormwater Management Master Plan. In this regard, no negative impacts 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. The proposed land use change is in keeping with Goal 102 as the subject properties are disturbed and scarified. FINDINGS OF FACT 1. Section 9.5-511 (d) (5) b, of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This map amendment recognizes data errors concerning the vegetative types found onsite. The application was initiated by the applicant to rezone the subject properties to a land use district that permits the construction of one (1) mobile home per lot. Mobile homes are found adjacent to the subject property on all sides but the Florida Bay frontage, in a neighborhood where the character is composed solely of mobile homes. C:\ TEMP\Staff Report.doc Page 8 of 10 File # M20002 3. The pre-I 986 zoning of the subject properties was Mobile Home Residential District (RU- 5). 4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Native Area (NA). 5. Section 9.5-210 of the Land Development Regulations states that the purpose of the Native Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. 6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject properties Residential Conservation (Re). 7. Policy 101.4.1 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of Residential Conservation (RC) Future Land Use category is to encourage preservation of open space and natural resources while providing for very low-density residential development in areas characterized by a predominance of undisturbed native vegetation. 8. Section 9.5-511 prohibits any map amendments which would negatively impact community character. 9. The subject properties are bordered by Urban Residential- Mobile Home (URM) zoning designation to the north, and Florida Bay to the south and west of Lot 12, and south and east of Lot II. 10. Section 9.5-205 of the Land Development Regulations states that the purpose of the Urban Residential - Mobile Home (URM) zoning designation is to recognize the existence of established mobile home parks and subdivisions, but not to create new such areas, and to provide for such areas to serve as a reservoir of affordable and moderate cost housing in Monroe County. 11. The mobile homes found on all of the properties surrounding the subject properties and the residential nature of the surrounding neighborhood are reflective of purpose of the Urban Residential - Mobile Home (URM) land use district. 12. Section 9.5-239 of the Land Development Regulations indicates that the Urban Residential- Mobile Home (URM) zoning district permits mobile homes and therefore is the most applicable zoning district designation for the subject properties that will protect the residential nature ofthe community, should construction be permitted. 13. The Residential High (RH) Future Land Use category corresponds with the land use zoning category, Urban Residential- Mobile Home (URM) and therefore the Residential High (RH) Future Land Use category is the most appropriate land use category for the subject properties. C:\ TEMP\Staff Report.doc Page 9 of 10 File # M20002 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. 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. 16. 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. 17. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed and scarified, therefore no negative impacts on the natural resources of the subject properties are anticipated. 18. The proposed map amendment supports Goal 102 although marginally changing the development potential of the subject properties since it will increase the allocated density, but decrease the maximum intensity. CONCLUSIONS OF LAW 1. The proposed map amendment meets the criteria outlined in Section 9.5-511(d)(5)b.(iii) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Coral Shores Mobile Home Estates Nos. 1 and 2 Subdivision neighborhoods. 2. The proposed map amendment supports Objective 101.11 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. 3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, and will facilitate infill in an already developed residential neighborhood. RECOMMENDATION Based on the above Findings of Fact and Conclusions of Law, the Planning Commission recommends APPROVAL to the Board of County Commissioners of the proposed Future Land Use Map amendment from Residential Conservation (RC) to Residential High (RH) and the proposed Official Land Use District Map amendment from Native Area (NA) to Urban Residential - Mobile Home (URM). C:\ TEMP\Staff Report.doc Page 10 of 10 File # M20002 PLANNING COMMISSION RESOLUTIONS P70-00 AND P71-00 PC RESOLUTION NO. P70-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY HUGH J. MORGAN TO AMEND THE FUTURE LAND USE.MAP FROM RESIDENTIAL CONSERVATION (RC) TO RESIDENTIAL HIGH (RR) FOR PROPERTIES DESCRIBED AS LOTS 11 & 12, CORAL SHORES MOBILE HOME ESTATES SECTION 2, LITTLE TORCH KEY, LOCATED IN SECTION 20, TOWNSHIP 66, RANGE 29, AT APPROXIMATEL Y MILE MARKER 28.2. WHEREAS, the Monroe County Planning Commission, during a regular meeting held on November 16, 2000, conducted a review and consideration of the request filed by the applicant to amend the Future Land Use Map from Residential Conservation (RC) to Residential High (RR) for properties located on Sea Whip Street in Coral Shores Mobile Home Estates Section 2, Section 20, Township 66 South, Range 29 East, Monroe County, Florida, having the real estate identification numbers 00214482.012200 and 00214482.012300; and WHEREAS, the Planning Commission examined the following information: 1. The application from the applicant to change the Future Land Use Map from Residential Conservation (RC) to Residential High (RR); and 2. The staff report prepared by Edward Koconis, AICP, Senior Administrator - Development Review and Jeanette Hobbs, Biologist, dated October 26, 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. 3. This map amendment recognizes data errors concerning the vegetative types found onsite. The application was initiated by the applicant to rezone the subject properties to a land use district that permits the construction of one (1) mobile home per lot. Mobile homes are found adjacent File #M20002 Page 1 of 4 Initials C:\TEMP\PC Resolution FLUM.doc to the subject property on all sides but the Florida Bay frontage, in a neighborhood where the character is composed solely of mobile homes. 4. The Planning Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by a staff Biologist revealed a disturbed, scarified upland site. The lack of hydric soils and indicators show upland conditions for the lots. The site lacks sensitive environmental habitat and exhibits a high level of disturbance. 5, The pre-1986 zoning of the subject properties was Mobile Home Residential District (RU-5). 6. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Native Area (NA). 7. 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 Conservation (RC). 8. Policy 101.4.1 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of Residential Conservation (RC) Future Land Use category is to encourage preservation of open space and natural resources while providing for very low-density residential development in areas characterized by a predominance of undisturbed native vegetation. 9. On December 2, 1998, the applicant applied for a boundary determination to have the zoning for the subject properties changed from Native Area (NA) to Urban Residential - Mobile Home (URM). The Board of County Commissioners decided on April 14, 1999 that the rezoning process would be more appropriate to address the changes in zoning with respect to the subject properties. 10. Section 9.5-511 prohibits any map amendments which would negatively impact community character. 11. The subject properties are bordered by Urban Residential - Mobile Home (URM) zoning designation to the north, and Florida Bay to the south and west of Lot 12, and south and east of Lot 11. 12. The Coral Shores Mobile Home Estates Section 2 Subdivision is a residential neighborhood, where all upland lots are developed with mobile homes with the exception of the subject properties. 13. The Residential High (RH) Future Land Use category corresponds with the land use zoning category, Urban Residential - Mobile Home (URM) and therefore the Residential High (RR) Future Land Use category is the most appropriate land use category for the subject properties. File #M20002 Page 2 of4 Initials C:\TEMP\PC Resolution FLUM.doc 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. 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. 16. 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. 17. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed and scarified, therefore no negative impacts on the natural resources of the subject properties are anticipated. 18. The proposed map amendment supports Goal 102 although marginally changing the development potential of the subject properties since it will increase the allocated density, but decrease the maximum intensity; and WHEREAS, the Planning Commission made the following Conclusions of Law: 1. The proposed map amendment meets the criteria outlined in Section 9.5-511(d)(5)b.(iii) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Coral Shores Mobile Home Estates Sections 1 and 2 Subdivision neighborhoods. 2. The proposed map amendment supports Objective 101.11 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. 3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, will facilitate infill in an already developed neighborhood 4. The proposed map amendment meets Objective 101.8 in that it provides. a mechanism for the subject properties to come into compliance; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board of County Commissioners, the request filed by the applicant to change the Future Land Use Map from Residential Conservation (RC) to Residential High (RH) for properties located on Seawhip Street in Coral File #M20002 Page 3 of 4 Initials C:\TEMP\PC Resolution FLUM.doc Shores Mobile Home Estates Subdivision, Section 20, Township 66 South, Range 29 East, Monroe County, Florida, having the real estate identification numbers 00214482.012200 and 00214482.012300. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 16th of November, 2000. Chair Mapes Vice Chair Stuart Commissioner Hill Commissioner Marr Commissioner Werling YES ABSENT YES ABSENT YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY Lynn Mapes, Chair Signed this _ day of ,2000. BY File #M20002 Page 4 of 4 Initials C:\TEMP\PC Resolution FLUM.doc PC RESOLUTION NO. P71-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY HUGH J. MORGAN TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM NATIVE AREA (NA) TO URBAN RESIDENTIAL MOBILE HOME (URM) FOR PROPERTIES DESCRIBED AS LOTS 11 & 12, CORAL SHORES MOBILE HOME ESTATES SECTION 2 SUBDIVISION, LITTLE TORCH KEY, LOCATED IN SECTION 20, TOWNSHIP 66 SOUTH, RANGE 29 EAST, AT APPROXIMATEL Y MILE MARKER 28.2 WHEREAS, the Monroe County Planning Commission, during a regular meeting held on November 16, 2000, conducted a review and consideration of the request filed by the applicants' agent to amend the zoning map from the Native Area (NA) zoning district to the Urban Residential - Mobile Home (URM) zoning district for properties located on Sea Whip Street in Coral Shores Mobile Home Estates Section 2, Section 20, Township 66 South, Range 29 East, Monroe County, Florida, having the real estate identification numbers 00214482.012200 and 00214482.012300; and WHEREAS, the Planning Commission examined the following information: 1. The application from Monroe County to change the Land Use District (zoning) map from Native Area (NA) to Urban Residential- Mobile Home (URM); and 2. The staff report prepared by Edward Koconis, AICP, Senior Administrator - Development Review and Jeanette Hobbs, Biologist, dated October 26,2000; 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 M#20002 Page I of 4 In itials C:\TEMP\PC Resolution MAP.doc 3. This map amendment recognizes data errors concerning the vegetative types found onsite. The application was initiated by the applicant to rezone the subject properties to a land use district that permits the construction of one (1) mobile home per lot. Mobile homes are found adjacent to the subject property on all sides but the Florida Bay frontage, in a neighborhood where the character is composed solely of mobile homes. 4. The Planning Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by a staff Biologist revealed a disturbed, scarified upland site. The lack of hydric soils and indicators show upland conditions for the lots. The site lacks sensitive environmental habitat and exhibits a high level of disturbance. 5. The pre-1986 zoning of the subject properties was Mobile Home Residential District (RU- 5). 6. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Native Area (NA). 7. Section 9.5-210 of the Land Development Regulations states that the purpose of the Native Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. 8. On December 2, 1998, the applicant applied for a boundary determination to have the zoning for the subject properties changed from Native Area (NA) to Urban Residential - Mobile Home (URM). The Board of County Commissioners decided on April 14, 1999 that the rezoning process would be more appropriate to address the changes in zoning with respect to the subject properties. 9. Section 9.5-511 prohibits any map amendments which would negatively impact community character. 10. The subject properties are bordered by Urban Residential- Mobile Home (URM) zoning designation to the north, and Florida Bay to the south and west of Lot 12, and south and east of Lot 11. 11. Section 9.5-205 of the Land Development Regulations states that the purpose ofthe Urban Residential - Mobile Home (URM) zoning designation is to recognize the existence of established mobile home parks and subdivisions, but not to create new such areas, and to provide for such areas to serve as a reservoir of affordable and moderate cost housing in Monroe County. 12. The mobile homes found on all of the properties surrounding the subject properties and the residential nature of the surrounding neighborhood are reflective of purpose of the Urban Residential - Mobile Home (URM) land use district. File M#20002 Page 2 of 4 Initials C:\TEMP\PC Resolution MAP. doc 13. Section 9.5-239 of the Land Development Regulations indicates that the Urban Residential- Mobile Home (URM) zoning district permits mobile homes and therefore is the most applicable zoning district designation for the subject properties that will protect the residential nature ofthe community, should construction be permitted. 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. The 2000 Public Facilities Capacity Assessment Report and the listed programs on storm water and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 16. 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. 17. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed and scarified, therefore no negative impacts on the natural resources of the subject properties are anticipated. 18. The proposed map amendment supports Goal 102 although marginally changing the development potential ofthe subject properties since it will increase the allocated density, but decrease the maximum intensity; and WHEREAS, the Planning Commission made the following Conclusions of Law: 1. This map amendment meets the criteria outlined in Section 9.5-511(d)(5)b.(iii) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Coral Shores Mobile Home Estates Section 2 Subdivision neighborhood. 2. The proposed zoning map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive 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. 3. The proposed zoning map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts to the natural environment, and will facilitate infill in an already developed neighborhood. 4. The proposed zoning map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into conformance; NOW THEREFORE, File M#20002 Page 3 of 4 Initials C:\TEMP\PC Resolution MAP. doc 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 filed by the applicants' agent to change the zoning map from Native Area (NA) TO Urban Residential - Mobile Home (URM) for the properties located on Sea Whip Street in Coral Shores Mobile Home Estates Section 2 Subdivision, Section 20, Township 66 South, Range 29 East, Monroe County, Florida, having the real estate identification numbers 00214482.012200 and 00214482.012300. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 16th day of November, 2000. Chair Mapes Vice Chair Stuart Commissioner Hill Commissioner Marr Commissioner Werling YES ABSENT YES ABSENT YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY Lynn Mapes, Chair Signed this day of ,2000. 3Y File M#20002 Page 4 of 4 Initials C:\TEMP\PC Resolution MAP. doc DEVELOPMENT REVIEW COMMITTEE RESOLUTIONS D12-00 AND D13-00 DRC RESOLUTION NO. D12-00 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST BY HUGH 1. MORGAN TO AMEND THE FUTURE LAND USE MAP FROM RESIDENTIAL CONSERVATION (RC) TO RESIDENTIAL HIGH (RH) FOR PROPERTIES DESCRIBED AS LOTS 11 & 12, CORAL SHORES MOBILE HOME ESTATES SECTION 2, LITTLE TORCH KEY, LOCATED IN SECTION 20, TOWNSHIP 66, RANGE 29, AT APPROXIMATELY MILE MARKER 28.2. WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on October 17, 2000, conducted a review and consideration of the request filed by the applicant to amend the Future Land Use Map from Residential Conservation (RC) to Residential High (RH) for properties located on Sea Whip Street in Coral Shores Mobile Home Estates Section 2, Section 20, Township 66 South, Range 29 East, Monroe County, Florida, having the real estate identification numbers 00214482.012200 and 00214482.012300; and WHEREAS, the Development Review Committee examined the following information: 1. The application from the applicant to change the Future Land Use Map from Residential Conservation (RC) to Residential High (RR); and 2. The staff report prepared by Pat Small, Planner and Jeanette Hobbs, Biologist, dated August 31, 2000; and WHEREAS, the Development Review Committee 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 recognizes data errors concerning the vegetative types found onsite. The application was initiated by the applicant to rezone the subject properties to a land use district File #M20002 Page 1 of 4 Initials ~ W:\Planning\Map Amendments\M20002 Morgan\DRC\DRC Resolution FLUM.doc that permits the construction of one (1) mobile home per lot. Mobile homes are found adjacent to the subject property on all sides but the Florida Bay frontage, in a neighborhood where the character is composed solely of mobile homes. 4. The Planning Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by a staff Biologist revealed a disturbed, scarified upland site. The lack of hydric soils and indicators show upland conditions for the lots. The site lacks sensitive environmental habitat and exhibits a high level of disturbance. 5. The pre-1986 zoning of the subject properties was Mobile Home Residential District (RU-5). 6. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Native Area (NA). 7. 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 Conservation (RC). 8. Policy 101.4.1 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of Residential Conservation (RC) Future Land Use category is to encourage preservation of open space and natural resources while providing for very low-density residential development in areas characterized by a predominance of undisturbed native vegetation. 9. On December 2, 1998, the applicant applied for a boundary determination to have the zoning for the subject properties changed from Native Area (NA) to Urban Residential - Mobile Home (URM). The Board of County Commissioners decided on April 14, 1999 that the rezoning process would be more appropriate to address the changes in zoning with respect to the subject properties. 10. Section 9.5-511 prohibits any map amendments which would negatively impact community character. 11. The subject properties are bordered by Urban Residential - Mobile Home (URM) zoning designation to the north, and Florida Bay to the south and west of Lot 12, and south and east of Lot 11. 12. The Coral Shores Mobile Home Estates Section 2 Subdivision is a residential neighborhood, where all upland lots are developed with mobile homes with the exception of the subject properties. 13. The Residential High (RH) Future Land Use category corresponds with the land use zoning category, Urban Residential - Mobile Home (URM) and therefore the Residential High (RR) Future Land Use category is the most appropriate land use category for the subject properties. File #M20002 Page 2 of 4 Initials ~ W:\Planning\Map Amendments\M20002 Morgan\DRC\DRC Resolution FLUM.doc 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. 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. 16. 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. 17. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed and scarified, therefore no negative impacts on the natural resources of the subject properties are anticipated. 18. The proposed map amendment supports Goal 102 although marginally changing the development potential of the subject properties since it will increase the allocated density, but decrease the maximum intensity; and WHEREAS, the Development Review Committee made the following Conclusions of Law: 1. The proposed map amendment meets the criteria outlined in Section 9.5-511(d)(5)b.(iii) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Coral Shores Mobile Home Estates Sections 1 and 2 Subdivision neighborhoods. 2. The proposed map amendment supports Objective 101.11 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. 3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, will facilitate infill in an already developed neighborhood 4. The proposed map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into compliance; NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROV AL to the Monroe County Planning Commission, the request filed by the applicant to change the Future Land Use Map from Residential Conservation (RC) to Residential High (RR) for properties located on Seawhip Street in Coral File #M20002 Page 3 of4 Initials ~ \\gmd0059\pub$\Planning\Map Amendments\M20002 Morgan\DRC\DRC Resolution FLUM.doc Shores Mobile Home Estates Subdivision, Section 20, Township 66 South, Range 29 East, Monroe County, Florida, having the real estate identification numbers 00214482.012200 and 00214482.012300. PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular meeting held on the 17fr1 of October, 2000. Edward Koconis, AICP, DRC Chair Barbara Mitchell, Senior Planner Ralph Gouldy, Senior Administrator, Environmental Resources Department of Public Works Department of Engineering Department of Health YES YES YES YES YES ABSENT DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY BY f'Jfu ~^dj\(r ~ Edward Koconis,"AIcp, C Chair Signed this lliday of CttofY->( , 2000. ! File #M20002 Page 4 of 4 Initials 1JL. \\gmdOO59\pub$\Planning\Map Amendments\M20002 Morgan\DRC\DRC Resolution FLUM.doc DRC RESOLUTION NO. D13-00 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST BY HUGH J. MORGAN TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM NATIVE AREA (NA) TO URBAN RESIDENTIAL MOBILE HOME (URM) FOR PROPERTIES DESCRIBED AS LOTS 11 & 12, CORAL SHORES MOBILE HOME ESTATES SECTION 2 SUBDIVISION, LITTLE TORCH KEY, LOCATED IN SECTION 20, TOWNSHIP 66 SOUTH, RANGE 29 EAST, AT APPROXIMATELY MILE MARKER 28.2 WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on October 17,2000, conducted a review and consideration of the request filed by the applicants' agent to amend the zoning map from the Native Area (NA) zoning district to the Urban Residential - Mobile Home (URM) zoning district for properties located on Sea Whip Street in Coral Shores Mobile Home Estates Section 2, Section 20, Township 66 South, Range 29 East, Monroe County, Florida, having the real estate identification numbers 00214482.012200 and 00214482.012300; and WHEREAS, the Development Review Committee examined the following information: 1. The application from Monroe County to change the Land Use District (zoning) map from Native Area (NA) to Urban Residential- Mobile Home (URM); and 2. The staff report prepared by Pat Small, Planner and Jeanette Hobbs, Biologist, dated August 31,2000; and WHEREAS, the Development Review Committee made the following Findings of Fact: 1. Objective 101.8 of the Monroe County Year 20 I 0 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 M#20002 Page 1 of 4 Initials i1::- \\gmdOOS9\pub$\Planning\Map Amendments\M20002 Morgan\DRC\DRC Resolution MAP.doc 3. This map amendment recognizes data errors concerning the vegetative types found onsite. The application was initiated by the applicant to rezone the subject properties to a land use district that permits the construction of one (1) mobile home per lot. Mobile homes are found adjacent to the subject property on all sides but the Florida Bay frontage, in a neighborhood where the character is composed solely of mobile homes. 4. The Planning Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by a staff Biologist revealed a disturbed, scarified upland site. The lack of hydric soils and indicators show upland conditions for the lots. The site lacks sensitive environmental habitat and exhibits a high level of disturbance. 5. The pre-1986 zoning of the subject properties was Mobile Home Residential District (RU- 5). 6. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Native Area (NA). 7. Section 9.5-210 of the Land Development Regulations states that the purpose of the Native Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. 8. On December 2, 1998, the applicant applied for a boundary determination to have the zoning for the subject properties changed from Native Area (NA) to Urban Residential - Mobile Home (URM). The Board of County Commissioners decided on April 14, 1999 that the rezoning process would be more appropriate to address the changes in zoning with respect to the subject properties. 9. Section 9.5-511 prohibits any map amendments which would negatively impact community character. 10. The subject properties are bordered by Urban Residential- Mobile Home (URM) zoning designation to the north, and Florida Bay to the south and west of Lot 12, and south and east of Lot 11. 11. Section 9.5-205 of the Land Development Regulations states that the purpose of the Urban Residential - Mobile Home (URM) zoning designation is to recognize the existence of established mobile home parks and subdivisions, but not to create new such areas, and to provide for such areas to serve as a reservoir of affordable and moderate cost housing in Monroe County. 12. The mobile homes found on all of the properties surrounding the subject properties and the residential nature of the surrounding neighborhood are reflective of purpose of the Urban Residential - Mobile Home (URM) land use district. File M#20002 Page 2 of 4 Initials --idS \\gmdOO59\pub$\Planning\Map Amendments\M20002 Morgan\DRC\DRC Resolution MAP.doc 13. Section 9.5-239 of the Land Development Regulations indicates that the Urban Residential- Mobile Home (URM) zoning district permits mobile homes and therefore is the most applicable zoning district designation for the subject properties that will protect the residential nature of the community, should construction be permitted. 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. 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. 16. 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. 17. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed and scarified, therefore no negative impacts on the natural resources of the subject properties are anticipated. 18. The proposed map amendment supports Goal 102 although marginally changing the development potential of the subject properties since it will increase the allocated density, but decrease the maximum intensity; and WHEREAS, the Development Review Committee made the following Conclusions of Law: 1. This map amendment meets the criteria outlined in Section 9.5-511(d)(5)b.(iii) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Coral Shores Mobile Home Estates Section 2 Subdivision neighborhood. 2. The proposed zoning map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive 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. 3. The proposed zoning map amendment supports and is consistent w~th Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts to the natural environment, and will facilitate infill in an already developed neighborhood. 4. The proposed zoning map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into conformance; NOW THEREFORE, File M#20002 Page 3 of4 Initials -U \\gmdOO59\pub$\Planning\Map Amendments\M20002 Morgan\DRC\DRC Resolution MAP.doc BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission, of the request filed by the applicants' agent to change the zoning map from Native Area (NA) TO Urban Residential - Mobile Home (URM) for the properties located on Sea Whip Street in Coral Shores Mobile Home Estates Section 2 Subdivision, Section 20, Township 66 South, Range 29 East, Monroe County, Florida, having the real estate identification numbers 00214482.012200 and 00214482.012300. PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular meeting held on the 17th of October, 2000. Edward Koconis, AICP, DRC Chair Barbara Mitchell, Senior Planner Ralph Gouldy, Senior Administrator, Environmental Resources Department of Public Works Department of Engineering Department of Health YES YES YES YES YES ABSENT DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY ~lln~~~ E ward Koconis, DR ChaIr BY Signed this~dayof ClGto~ ,2000. File M#20002 Page 4 of 4 Initials ~ \\gmdOO59\pub$\Planning\Map Amendments\M20002 Morgan\DRC\DRC Resolution MAP.doc