Item D2
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMS~RY
Meeting Date: February 22, 2001
Division: Growth Management
Bulk Item: Yes
NoX
Department: Planning
AGENDA ITEM WORDING: Second of two public hearings to consider a Future Land Use
Map and Land Use District Map Amendments proposed by the Monroe County Planning
Department. This will change the Future Land Use designation from Residential High (RH) to
Mixed Use/Commercial (MU) and change the Zoning from Urban Residential Mobile Home
(URM) to Sub Urban Commercial (SC), for properties described as lots 11, 12,27, & 30, Block
2, Section 6, Township 62 South, Range 39 East, approximate Mile Marker, 97.
ITEM BACKGROUND: The fIrst public hearing or "transmittal" hearing was held on May 17,
2000. At that meeting, the BOCC recommended approval of both the FLUM amendment and
the corresponding rezoning amendment. The Planning Department, upon the instructions of the
BOCC, transmitted the proposed amendments to the Department of Community Affairs (DCA)
for its consideration. On November 15, 2000, the DCA notifIed the BOCC that they had
reviewed and approved the proposed amendments for Monroe County (DCA No.00-2).
PREVIOUS RELEVANT BOARD ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
BUDGETED: N/A
COST TO COUNTY: N/A
APPROVED BY: County Attorney X
DEPARTMENT DIRECTOR APPROVAL:
OMB/Purchasing N/ A Risk Management N/ A
;( ~ {L~
K. Marlene Conaway
Direc r, Planning & E vironmental Resources
DIVISION DIRECTOR APPROVAL:
Timo
DOCUMENTA TION: Included X
DISPOSITION:
To follow _ Not required _
Agenda Item #: ~
M99146
FROM THE MONROE COUNTY PLANNING DEPARTMENT
THE PROPERTY IS LISTED AS LOTS 11, 12,27, & 30,
BLOCK 2, MANDALAY SUBDIVISON, KEY LARGO.
SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST.
THE PROPERTY OWNERS NAMES ARE;
FRANK KA WALSKI, DANA HOLLINGER,
PATSY MOORE, CHESTER & LA JOYCE BENNE'IT.
BOARD OF COUNTY COMMISSIONERS
KEY LARGO LIBRARY
FEBRUARY 22, 2001
PROPOSED FLUM AMENDMENT
RESIDENTIAL HIGH (RH)
TO
MIXED USE/COMl\1ERCIAL (MC)
PROPOSED ZONING AMENDMENT
URBAN RESIDENTIAL MOBILE HOME (URM)
TO
SUB URBAN COMl\1ERCIAL (SC)
This amendment is requested by the Monroe County Planning Department. The property
owners are Frank Kawalski/DanaHollinger, Patsy Moore and Chester & La Joyce Bennett.
The properties are described as Lots 11, 12, 27 & 30, Block. 2, Mandalay Subdivision, Key
Largo, Florida, Section 06, Township 62 South, Range 39 East. The Real Estate numbers
are; 00554460, 00554620, and 00554420.
FLUM RECOMMENDATIONS
Staff: Approval March 1,2000 Staff Report
DRC: Approval March 2, 2000 Resolution #D03-00
pc: Approval March 22, 2000 Resolution #P15-00
BOCC: Approval June 10, 2000 Resolution #252-00
ZONING RECOMMENDATIONS
Staff: Approval March 1,2000 Staff Report
DRC: Approval March 2, 2000 Resolution #D04-00
PC: Approval March 22, 2000 Resolution #P 16-00
BOCC: Approval June 10, 2000 Resolution #253-00
EXHIBIT 1
FLUM ORDINANCE
ORDINANCE NO.
-2001
AN ORDINANCE BY THE MON'ROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST BY
THE PLANNING AND ENVIRONMENTAL RESOURCES
DEPARTMENT TO CHANGE THE FURURE LAND USE
MAP OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RESIDENTIAL HIGH (RH)
TO MIXED USE / COMMERCIAL (MC) FOR PROPERTY
DESCRIBED AS LOTS 11, 12, 27, AND 30, BLOCK 2,
MANDALA Y SUBDIVISION, KEY LARGO, SECTION 06,
TOWNSHIP 62 SOUTH, RANGE RANGE 39 EAST, MONROE
COUNTY, FLORIDA, AT APPROXlMATEL Y MILE
MARKER 97, AND HAVING REAL ESTATE NUMBERS
00554460-000000,00554620-000000, AND 00554420-000000.
WHEREAS, the Board of County Commissioners, on April 15, 1993 adopted the Monroe
County Year20 1 0 Comprehensive Plan and, therefore, designated the above-described properties to
their current designations on the Future Land Use Map (FLUM); and
WHEREAS, the Planning and Environmental Resources Department as well as the
Development Review Committee recommend approval of this FLUM amendment from RH to MC;
and
WHEREAS, the Planning Commission reviewed and considered this application during a
regular meeting held on February 23, 2000 and recommended approval of the requested FLUM
amendment; and
WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting
held on May 17, 2000, directed the Planning Department to transmit a draft of the FLUM
amendment to the Florida Department of Community Affairs for comment and advise: and
WHEREAS, the Florida Department of Community Affairs responded on November 15,
2000 approving the draft amendment as submitted; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the Board
of County Commissioners may consider a land use change if at least one of six criteria is met.
Section 9.5-511 also prohibits a change that negatively impacts community character. Objective
10 1.4 of the Comprehensive Plan requires that the county regulate future development to
maintain the character of the community.
Bacc ardinance to Amend FLUM
File M#99143
Page 1 of 4
Initials
2. The subject properties are developed parcels which are bounded by other commercial uses.
3. The properties in question are composed of Lots 11, 12, 27, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RH) on the Future Land Use Map.
5. This proposed map amendment seeks to change the current designations to Mixed Use/
Commercial (MC).
6. The Planning Department contends that this map amendment is needed based upon the need for
greater detail or comprehensiveness when considering the zoning of properties in Block 2 of the
Mandalay Subdivision.
7. A 1990 map change altered the zoning and subsequent future land use designations of most
properties in Block 2 of the Mandalay Subdivision but die not include six lots (11, 12, 26, 27,
29, and 30). These properties have remained under the Urban Residential Mobile Home zoning
designation since adoption of the 1986 Comprehensive Plan.
8. With the adoption of the Year 2010 Comprehensive Plan, Lots 11, 12, 26, 27, 29 and 30 have
kept their Urban Residential Mobile Home Designation and corresponding Residential High
FL UM designation.
9. In 1999, the property owners of Lots 11, 12, 26, 27, 29 and 30 requested that their Urban
Residential Mobile Home designation also be changed to Sub Urban Commercial (which
requires a change in the FLUM from Residential High to Mixed Use/Commercial) to justify
their current or proposed uses of these properties.
10. The Planning Department is proposing this amendment to respond to the requests of these
residents who were left out of the original 1990 map changes and to address the "spot" zoning
that was created by the 1990 map change.
11. The property owners of Lots 26 and 29 were contacted by the Planning Department and invited
to participate in this application. These property owners, however, chose not to participate in
favor of retaining their current designations.
12. The increased intensity of use which would be pennitted under the proposed development
potential will not represent significant impacts on community character, natural resources, or
public facilities.
Baec Ordinance to Amend FLUM
File M#99143
Page 2 of 4
Initials
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
1. The proposed map amendment is consistent with Section 9.5-511 of the Monroe
County Land Development Regulations.
2. Consistent with Objective 101.4, the proposed land use changes would positively
impact and reinforce community character.
3. Approval of this amendment will address problematic "spot" zoning created by the
previous 1990 map change.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OD COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions
of law stated above.
Section 2. The previously described property shall be designated as described
above and as shown on the attached map, which is hereby incorporated by
reference and attached as Attachment 1.
Section 3. The Future Land Use Map of the Monroe County Year 2010
Comprehensive Plan shall be amended as delineated in Section 2 above.
Section 4. If any section, subsection, sentence, clause, item, change or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 6. This ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapters 163 and 380, Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the Secretary of State
of the State of Florida, but shall not become effective until notice is issued by the
Florida Department of Community Affairs or Administration Commission finding
the amendment in compliance with Chapters 163 and 380 of the Florida Statutes.
BOCC ordinance to Amend FLUM
File M#99143
Page 3 of 4
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 220d day of February, 2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
(MA YOR/CHAIRMAN)
ATTEST:
DANNY L. KOLHAGE
Signed this
day of
, 2001.
BY:
DEPUTY CLERK
Bacc ardinance to Amend FLUM
File M#99143
Page 4 of 4
Initials
Key s
\
\
.
,
,
.,
"-----"',-...
( '.,
,
-,
,
,
\
,
,
,
,
'."- ~~~
-~-_.---<l1
~
o
~
-..;
\
\
-
.
\
\
\
\
,
,
I ,
,'" "
'- '
I ,--/
,'''' _" 4" \
#
/
#
I- /
-, #
" /
,-:-
,:......
/
/'
,
,/'
,
I
"
- -
/
,
/
,
~\
Pelican Key Me
~ INS
/
N
Future an Use Map
Pro osed FLUM Amendment
Key: Ke
MM: 97
"
Charles
.1
';
Proposal: FROM Residential Hi h RH
TO Mixed USe/Commercial (MC)
Property Description: Mandala Subdivision B
554460, Block 2 Lot 27, RED 554600, and Block 2 Lot 30
1 "=2000' I
Applicant
Map # :
Name: Kawalski, Moore, Bennett
File Number
2
REZONING ORDINANCE
ORDINANCE #
-2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY THE PLANNING AND ENVIRONMENTAL RESOURCES
DEPARTMENT TO CHANGE THE LAND USE DISTRICT
(ZONING) MAP FROM URBAN RESIDENTIAL MOBILE
HOME (URM) TO SUB URBAN COMMERCIAL (SC) FOR
PROPERTIES DESCRIBED AS LOTS 11, 12, 27, AND 30,
BLOCK 2, MANDALA Y SUBDIVISION, KEY LARGO,
SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
MONROE COUNTY, FLORIDA, AT APPROXIMATELY MILE
MARKER 97, AND HAVING REAL ESTATE NUMBERS
00554460-000000,00554620-000000, AND 00554420-000000.
WHEREAS, the Board of County Commissioners, in September 1986, adopted the
Monroe County Land Use Maps, and therefore, designated the above-described properties to
their current designations on the Land Use Maps; and
WHEREAS, the Planning and Environmental Resources Department as well as the
Development Review Committee have recommended approval of the amendment; and
WHEREAS, the Planning Commission reviewed and considered the application during a
regular meeting held on February 23, 2000, and recommended approval of the amendment; and
WHEREAS, the Board of County Commissioners, during a regular meeting held on May
17, 2000, conducted a review and consideration of the amendment and directed the Planning
Department to transmit a draft of the amendment to the Florida Department of Community
Affairs (DCA) for comment and advise; and
WHEREAS, the Florida Department of Community Affairs responded on November 15,
2000 approving the draft amendment as submitted; and
Fact:
WHEREAS, the Board of County Commissioners makes the following Findings of
1. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the
Board of County Commissioners may consider a land use change if at least one of six criteria
is met. Section 9.5-511 also prohibits changes which negatively impact community
character. Objective 101.4 of the Comprehensive Plan requires that the county regulate
future development to maintain the character of the community.
2. Objective 101.4 of the 2010 Plan requires that the County regulate future development to
maintain the character of the community.
Boec Mandalay Zoning Map Ordinance
Page 1 of 4
Initials
3. The subject properties composed of lots 11, 12, 27, and 30 of Block 2, Mandalay
Subdivision on Key Largo are developed parcels and are bounded by other commercial uses.
4. The properties are designated as Urban Residential Mobile Home (URM) on the Land Use
District (zoning) Map.
5. This proposed map amendment seeks to change the current designation to Sub Urban
Commercial (SC).
6. The Planning Department contends that this map amendment is needed based upon the need
for greater detail or comprehensiveness when considering the zoning of properties in Block 2
of the Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior to
the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as part of the changes proposed by the 1986 Comprehensive Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25, 28,
and 31-34 applied for a Boundary Determination which requested that the zoning be changed
from Urban Residential Mobile Home to Sub Urban Commercial based upon the historically
commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change.
10. The 1990 map change did not include lots 11,12,26,27,29 and 30.
11. The exclusion of the six lots from the 1990 map change created three "spot" zones of Urban
Residential Mobile Home designated land surrounded by land zoned Sub Urban Commercial.
12. This map amendment is intended to correct the "spot" zoning.
13. The property owners of lots 26 and 29 declined an invitation to participate in this rezoning.
These owners prefer to retain their current designations.
14. The increased intensity of use which would be permitted under the proposed amendment will
not represent any significant impact on community character, natural resources, or public
facilities.
8. While the rezoning does not increase the likely development potential of the properties, it
creates opportunities for much needed quality affordable housing in Key Largo.
WHEREAS, the Board of County Commissioners makes the following Conclusions of
Law:
BOCC Mandalay Zoning Map Ordinance
Page 2 of 4
Initials
1. The proposed map amendment is consistent with Section 9.5-511 of the Monroe
County Land Development Regulations.
2. The proposed land use changes would positively impact and reinforce community
character, consistent with Objective 101.4.
3. Approval of the proposed amendment will address the problem of "spot" zoning
created by the 1990 map change.
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 shall be designated as shown
on the attached map, which is hereby incorporated by reference and attached as
Attachment 1.
Section 3. If any section, subsection, sentence, clause, item, change or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such invalidity.
Section 4. This ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State
of the State of Florida, but shall not become effective until notice is issued by the
Florida Department of Community Affairs or Administration Commission
approving the amendment pursuant to Chapter 380, Florida Statutes.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Bacc Mandalay Zoning Map ardinance
Page 3 of 4
Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 22nd day of February, 2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
(MAYOR/CHAIRMAN)
ATTEST:
DANNY L. KOLHAGE
Signed this
day of
, 2001.
BY:
DEPUTY CLERK
Bacc Mandalay Zoning Map ardinance
Page 4 of 4
Initials
-
~
,
,
,
,
.-
,
, ,
, .-
"
.-
s:c
,
<,URM
,
,
,
,
,
,
, /
, /
'#'
~
~
/
~
~
~
( ROCK HARBOR
I
I
I
I
I
I
I
I
I
I
I
I
)
~
~
~
~
~
~
~
~
~
~
~
~
/
~
/
/
/
/
/
/
I
I
I
/
/
I
/
/
/
/
I
/
I
/
/
/
I
/
I
/
/
/
I
!
~
N
Key: Ke
MM: 97
Proposal: FROM Urban Residential Mobile Home (URM)
TO Suburban Commercial (SC)
Property Description: Mandalay Subdivision Block 2 Lots 11 & 12, RED
554460, Block 2 Lot 27, RED 554600, and Block 2 Lot 30, RED 554420
Applicant Name: Kawalski Moore and Benne t
Map #: 139 File Number : M99146
1 "=400' I
The Staff Report
For the Kawalski, Hollinger, Moore & Bennett properties.
File # M99146
February 22, 2001
The Key Largo Library
TO:
The Board of County Commissioners
MEMORANDUM
FROM:
Timothy J. McGarry, AIC~d
Director of Growth Man~m~
Kawalski Future Land Use and Land Use District Map Changes # M99146
RE:
DATE:
April 25, 2000
PLANNER:
Donny Lang & Chad Meadows
BIOLOGIST:
Sandra Lee
PROPERTY OWNER:
Frank KawalskilDana Hollinger
Patsy Moore
Chester and La Joyce Bennett
AGENT:
Monroe County Planning Department
EXISTING FUTURE LAND USE DESIGNATION: Residential High (RR)
PROPOSED FUTURE LAND USE DESIGNATION: Mixed Use/Commercial (MC)
EXISTING ZONING DESIGNATION: Urban Residential Mobile Home (URM)
PROPOSED ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPERTY INFORMATION
Key: Key Largo
Mile Marker: 97
Size: 3 properties totaling 18,750 square feet (6,250 each parcel)
Location Detail and Brief Property Description:
The properties are described as follows:
Lots 11 & 12, Block 2, Mandalay Subdivision, Key Largo Section 06, Township 62 South, Range 39
East; with a Real Estate number of 00554460-000000. It is located on the ocean side of U.S. Highway 1.
The property is located between First Avenue and Second Avenue. Each of the two lots is 3,125 square
feet in area.
Lot 27, Block 2, Mandalay Subdivision, Key Largo Section 06, Township 62 South, Range 39 East; with
a Real Estate number of 00554620-000000. It is located on the ocean side of U.S. Highway 1. The
Bacc staff report
M # 99146 Kawalski
Page 1
property is located on First Street between First Avenue and Second Avenue. Lot 27 is 6,250 square feet
m area.
Lot 30, Block 2, Mandalay Subdivision, Key Largo Section 06, Township 62 South, Range 39 East; with
a Real Estate number of 00554420-000000 (this RE# combines lots 1-8 & 30-33). It is located on the
ocean side of U.S. Highway 1. The property is located between First Avenue and Second Avenue. Lot 30
is 6,250 square feet in area.
Existing or Proposed Use:
The proposal consists of three properties which are currently developed. Two have single family dwelling
units, and the third (lot 30) lot is part of an existing twelve lot storage yard.
Neighboring Land Uses:
The subject properties are located in Block 2 of the Mandalay Subdivision of Key Largo. The whole
subdivision is one of the earliest neighborhoods in Key Largo, established in the mid 1920s. There are a
total of four (4) Blocks in the Mandalay Subdivision. The maps and aerial photo in the packet
accompanying this staff report will help clarify the neighboring land uses and character.
There are a variety of land uses in Block 2 of Mandalay around the subject properties, including several
multi-family dwelling units, single family homes, several small businesses, and two storage yards. The
subject properties are currently zoned Urban Residential Mobile Home (URM), while much of the
remainder of Block 2 is zoned Suburban Commercial (SC) (See attached map).
Block 3, immediately to the east, is currently zoned Urban Residential Mobile Home and houses a trailer
park, an RV park, and a duplex dwelling unit. The duplex and the RV park are in the process of being
rezoned to Urban Residential (UR).
Block 4, to the east along the ocean, is zoned Suburban Commercial (SC) and has three marinas, a
restaurant and residential dwelling units.
Block I is located between the north and south bound lanes of U.S. Highway 1 to the west of the subject
property. Block 1 is zoned Suburban Commercial (SC) and houses a bank and a restaurant.
The southern edge of the Mandalay Subdivision is bounded by Mariners Club, a 120 unit luxury
townhouse project and private marina. Mariner's Club is zoned Suburban Commercial (SC).
The northern edge of the Mandalay Subdivision is bounded by single-family dwellings and mobile
homes. This area is zoned Urban Residential Mobile Home (URM).
Community Character:
The four blocks of the Mandalay Subdivision have a variety of commercial and residential uses. The east
side of the neighborhood (east of Second Street) is mostly commercial with marina and restaurant uses.
The blocks between U.S. Highway 1 and Second Street are a mix of residential and commercial, with
properties along U.S. Highway I having the most commercial, though residential uses are intermixed.
Bacc staff report
M # 99146 Kawalski
Page 2
.
The immediate area of the three subject properties alternates between residential and commercial. The
Mandalay Subdivision taken as a whole must be considered as having a mixed use character.
Existing Habitat:
Lots 11 & 12 are best classified as Disturbed. This is a developed parcel that is maintained in a mowed
state. There are two native Gumbo Limbo trees on the parcel, the few other trees that are present are non-
natives. There is a disturbed storage lot to the rear and disturbed, developed lots with residences to the
north and to the south of this parcel.
Lot 27 is a disturbed lot with a double-wide modular structure. The lot is disturbed. There is a mix of
several native and non-native trees on the site, mostly along the property line. The parcel to the south is a
disturbed lot utilized as an impound lot for a towing company. The parcel to the north is disturbed and
has an RV parked on it at this time.
Lot 30 is currently utilized for storage. The site is disturbed. There is one native tree along the front
property line and a row of non-native palms along the north property line. To the west and south are
contiguous storage lots.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 Existing Conditions Map, sheet 265, identifies the three subject parcels as disturbed (740).
ZONING AND LAND USE mSTORY
Application History
In late 1999, the owners of Lots 11 & 12 submitted an application for a vacation rental use for the
existing dwelling unit on the property. At the time, the applicants thought that the property was zoned
Sub Urban Commercial since the property is surrounded on all sides by lands zoned Sub Urban
Commercial. During the research for the vacation rental application, the Planning Department determined
that Lots 1 I and 12 (as well as Lots 26, 27, 29, & 30) were actually zoned Urban Residential Mobile
Home. Vacation rentals are not an allowable use for property which is zoned Urban Residential Mobile
Home. Upon further research, the Planning Department determined that a portion of the properties around
Lots 11 and 12 (Block 2 of the Manadalay Subdivision) were changed from Urban Residential Mobile
Home to Sub Urban Commercial through a map change made in 1990. However, this change did not
include all the properties in Block 2, and as a result, created a checkerboard pattern of zoning for
properties in this block.
When the Planning Department determined that the 1990 map change had created this mixed pattern, and
that this mixed zoning pattern was not consistent with the historical commercial uses taking place in
Block 2, the Planning Department proposed this map amendment as a way of address the mixed or "spot"
zoning created by the 1990 map change. The Planning Department contacted all the property owners in
Block 2 who were still zoned Urban Residential Mobile Home, and inquired if they wished to participate
in a County-sponsored rezoning. Two of the property owners (in addition to the original applicants for the
vacation rental use) agreed to participate. Two of the property owners (Lots 26 & 29) did not wish to
participate.
Bacc staff report
M # 99146 Kawalski
Page 3
Pre-1986 Zoning:
Prior to 1986, Block 2 of the Mandalay Subdivision was zoned for business uses as (BU-2), or Medium
Business District.
Considerations of this property during the 1986 Comprehensive Plan Processes:
During the 1986 comprehensive planning process, Blocks 2, 3, and the northern three lots of Block 4
were zoned Urban Residential Mobile Home (URM). At the time of the change. a mixed pattern of
residential and commercial uses were present on these properties. Meeting minutes from the Board of
County Commissioners meeting on June 25, 1985 (included as Appendix I) indicate that the subject
properties were specifically considered by the Board. The vote to change the properties from BU-2 to
URM was unanimous.
1990 Map Change
In 1988, eight property owners from the Mandalay Subdivision submitted a JOInt application for a
boundary determination to the Planning Department for Lots 1-10, 13-25, 28, 3 I -34 of Block 2,
Mandalay Subdivision, Key Largo. The boundary determination applications requested that the above lots
be rezoned from Urban Residential Mobile Home zoning to Sub Urban Commercial zoning based upon
the historically commercial uses on the properties. The Planning Department staff reviewed the
applications and recommended denial of the boundary determination for a variety of reasons. The staff
report indicates that the applicants could apply for a map amendment through the established rezoning
process (the applications and staff report are included as Appendix 2).
On January 25, 1990, the Planning Director signed Land Use District Map Boundary Interpretation
Number 55, which recommended denial of the request to change the above properties' designations from
Urban Residential Mobile Home to Sub Urban Commercial (included as Appendix 3).
Despite the recommendation from the Planning Director, on February 13, 1990, the Board of County
Commissioners approved Resolution 128-1990 which authorized the change of the above properties'
zoning from Urban Residential Mobile Home to Sub Urban Commercial (included as Appendix 4). The
resolution indicated that Urban Residential Mobile Home zoning was adopted in error because the Urban
Residential Mobile Home zoning was not consistent with the prior BU-2 (Medium Business) zoning.
This resolution authorized the change in zoning from Urban Residential Mobile Home to Sub Urban
Commercial for Lots 1-10, 13-25, 28, and 3 I -34 of Block 2 of the Mandalay Subdivision. Lots 11, 12, 26,
27,29, and 30 of Block 2 were not included within the boundary determination application, and were thus
left in their original Urban Residential Mobile Home zoning designation.
Considerations of this property during the 2010 Comprehensive Plan Processes:
There is no indication of any site specific considerations of this property during the 20 I 0 Comprehensive
Plan process.
Bacc staff report
M # 99146 Kawalski
Page 4
ANALYSIS AND RATIONALE FOR CHANGE (pursuant to Section 9.S-511(d)(5)(b)
This Section (9.5-511) of the Land Development Regulations requires that one of the following five
issues be addressed as a rationale for a change in the future land use designation and land use district
zoning designation.
Changed Projections:
None
Changed Assumptions:
None
Data Errors:
None
New Issues:
None
Recognition of a Need for Additional Detail or Comprehensiveness:
This map amendment has been proposed by the Planning Department due to the recognition of a need for
additional detail and comprehensiveness when considering Block 2 of the Mandalay Subdivision. The
boundary determination which was approved the Board of County Commissioners on February 13, 1990
changed the zoning for a portion of the lots in Block 2. However, six lots in Block 2 were left out of the
map change.
The net effect of the 1990 map change from Urban Residential Mobile Home to Sub Urban Commercial
was to create three "spot zones" of Urban Residential Mobile Home-designated land surrounded by land
which was designated as Sub Urban Commercial.
In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urban Residential Mobile
Home designation also be changed to Sub Urban Commercial so as justify their current or proposed uses
of these four properties.
The Planning Department is proposing this map amendment as a way to respond to the requests of these
residents who were left out of the original 1990 map change.
As an additional note, the Planning Department contacted the property owners of Lots 26 and 29 to
inquire ifthey wished to participate in the rezoning being sponsored by the Planning Department. Neither
of these property owners wished to participate, and as a result, if this proposed amendment is approved,
there will still be two lots within Block 2 zoned as Urban Residential Mobile Hom~.
Data Updates:
None
Bacc staff report
M # 99146 Kawalski
Page 5
IMPACT AND POLICY ANALYSIS
Comparison of Development Potential for the Current and Proposed Land Uses:
The development potential involved with the current and proposed designations is given below.
Typically, calculations of development potential for map amendments are completed based on general
calculations of gross property size, and do not consider any relevant bulk or environmental
considerations. As mentioned in the previous Size of Property Section, the subject properties contain a
total of 18,750 square feet, or .43 gross acres.
The number of units and/or floor area allowed by the Year 20 I 0 Comprehensive Plan are given where
appropriate. Certain other aspects like parking standards and landscaping standards will affect the actual
square footage amounts as well, which in turn, will impact the ultimate development potential.
Current Development Potential
Residential High (RH)/Urban Residential Mobile Home (URM)
The principal purpose of the Residential High land use category is to provide for high-density
single-family, multi-family, and institutional residential development, including mobile homes
and manufactured housing, located near employment centers. In addition, Monroe County shall
adopt Land Development Regulations which allow non-residential uses that were listed as a
permitted use in the Land Development regulations that were in effect immediately prior to the
institution ofthe 20 I 0 Comprehensive Plan, and that lawfully existed on such lands on January 4,
1996 to develop, redevelop, reestablish and/or substantially improve provided that the use is
limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or
limited to what the pre-2010 LDR's allowed, whichever is more restrictive. [9J-5.006(3)(c)1 & 7]
The development potential for the Urban Residential Mobile Home (URM) zoning designation
includes mobile homes, detached residential dwellings, recreational vehicles, accessory uses,
home occupations, provided a special permit is obtained. However, tourist housing uses (vacation
rental uses) are prohibited except in gated communities zoned URM.
Proposed Development Potential
Mixed Use/Commercial (MC)/ Sub Urban Commercial (SC)
The principal purpose of the Mixed Use/Commercial land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail and office
may be permitted at intensities which are consistent with the community character and the natural
environment. Employee housing and commercial apartments are also permitted. This land use
category is also intended to allow for the establishment of mixed use development patterns,
where appropriate. Various types of residential and non-residential uses may be permitted;
however, heavy industrial uses and similarly incompatible uses shall be prohibited (Policy
101.4.5).
The development potential for each parcel the Suburban Commercial (SC) zoning designation is
evaluated below (each parcel is 6,250 square feet). These calculations are general in nature, and
can not be relied upon as a true representation of what is allowable on any of the subject
properties without further investigation by the Planning Department. The land uses listed below
are for comparative purposes only.
Bacc staff report
M # 99146 Kawalski
Page 6
sc: Uses As-of-Right
--low intensity retail uses of2,187 sq. ft.
--medium intensity retail uses of 1,562 sq. ft.
--office uses of 2,500 sq. ft.
--commercial recreation like a theater or health club of 625 sq. ft.
--institutional or public buildings of 1,875 sq. ft.
--accessory uses
--storage areas of up tol,562 sq. ft. (this includes the storage of automobiles and trucks)
--tourist housing units (provided an application is submitted and approved)
SC: Minor Conditional Uses
--high intensity retail of937 sq. ft.
--light industrial uses of 1,875 sq. ft.
--parks or community parks
SC: Major Conditional Uses
--mariculture (like shrimp farming)
Compatibility with Adjacent Land Uses and Effects on Community Character:
Section 9.5-511 of the Land Development Regulations prohibits any amendments which would
negatively impact community character. Objective 101.4 of the Comprehensive Plan calls for the county
to maintain community character and protect natural resources through a distribution of land uses
consistent with the Future Land Use Map.
Given that the community character is commercial to the east and west surrounding these properties, re-
designation of these properties to the Sub Urban Commercial (SC) designation would be consistent with
Objective 101.4 This is further reinforced by the subject properties' small sizes and the fact that the
majority of the Block 2 of the Mandalay Subdivision is already zoned Sub Urban Commercial.
All three properties are categorized as "disturbed" habitat, and have little natural resource value when
considered independently. The proposed zoning and Future Land Use Map changes would have little
effect on the local natural resources.
Effects on Natural Resources:
Goal 102 of the Comprehensive Plan states that the County shall direct future growth to lands which are
intrinsically most suitable for development and shall encourage conservation and protection of
environmentally sensitive lands. The subject properties are disturbed, developed parcels in an urbanized
area, and are located in a developed subdivision. A zoning change to Suburban Commercial for these
three parcels in Block 2 of the Mandalay Subdivision would be consistent with Goal 102.
Effects on Public Facilities:
Objective 101.11 of the Comprehensive Plan requires the county to direct future growth away from
environmentally sensitive land and towards established development areas served by existing public
facilities. The proposed designations have little or no effect on the Objective 101.11 based on the
findings of the 1999 Public Facilities Capacity Assessment Report and the listed programs on storm water
and wastewater:
Bacc staff report
M # 99146 Kawalski
Page 7
Solid Waste: The existing solid waste haul-out contract provides the county with approximately
eight years of guaranteed capacity.
Potable Water: The Florida Keys Aqueduct Authority's eXlstmg consumptive use permit
authorizes the withdrawal of sufficient quantities to meet the demand anticipated for 1999. The
proposed land use change is not expected to have a significant effect on potable water
withdrawals.
Roads: U.S. Highway I is required to maintain a level of service of C in order to support
additional development. The road segment #22 (Mile Marker 91.5 to 99.5) in Key Largo area is
at level of service A.
Storm water: A net increase in storm water runoff could result from this land use change because
this change authorizes additional development potential. However, Section 9.5-293 of the Land
Development Regulations requires that all development retain storm water on site following Best
Management Practices (BMP). Also, pursuant to Policy 1001.1. I, all projects shall be designed
so that the discharges will meet Florida State Water Quality Standards. Compliance review for
these sections is determined by the Environmental Resources Department and the Department of
Health and occurs at the time a development permit has been filed. In addition, Monroe County
and the South Florida Water Management District, acting in accordance with Governor Chiles'
Executive Order No. 96-108, have developed an agreement for the development of a Stormwater
Management Master Plan.
Wastewater: There are several programs and policies in place that address wastewater treatment
throughout Monroe County:
· Policy 901.1.1 provides the interim Level of Service for wastewater treatment plants and
OSDS (On Site Disposal Systems), stating that they must use A WT (Advanced Wastewater
Treatment), BAT (Best Available Technology) and not exceed 100% of their planned
capacity.
· Ordinance No. 03-1997, adopted pursuant to Objective 90 1.2 and related policies, establishes
an inspection and compliance program for OSDS, and requires among other things, that all
(commercial and residential) cesspits be replaced, that all septic tanks be inspected and if
necessary, upgraded to meet state standards.
· Policy 101.2.13 is also tied to the inspection and compliance program in that a cesspit must
be replaced with BAT for every single family home permitted under the County's Rate of
Growth Ordinance (ROGO).
The proposed land use changes will not interfere with the implementation of these programs
because they are ongoing and do not rely upon a "development permit" trigger. All three parcels
are currently developed, and no further development is anticipated.
Effects on Redevelopment and Infill Potential:
Goal 102 of the Year 2010 Comprehensive Plan mandates infill efforts, which are supported by this map
amendment. The subject properties have been developed for many years and this rezoning would bring
them further into conformity with the present uses.
Bacc staff report
M # 99146 Kawalski
Page 8
FINDINGS OF FACT
1. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the Board of
County Commissioners may consider a land use change if at least one of six criteria is met. Section
9.5-511 also prohibits a change which negatively impacts community character. Objective 101.4 of
the Comprehensive Plan requires that the county regulate future development to maintain the
character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dana Hollinger, Patsy
Moore, and Chester and La Joyce Bennett, which are bounded by other commercial uses.
3. The properties in question are composed of Lots 11, 12, 27, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RR) on the Future Land Use Map, and as Urban
Residential Mobile Home (URM) on the Land Use District (zoning) Map.
5. This proposed map amendment seeks to change the current designations to a future land use
designation of Mixed Use/Commercial (MC) and a zoning designation of Sub Urban Commercial
(SC).
6. The Planning Department contends that this map amendment is needed based upon the need for
greater detail or comprehensiveness when considering the zoning of properties in Block 2 of the
Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior to the
adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban Residential
Mobile Home as a part of the changes proposed by the 1986 Comprehensive Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10,13-25,28, and 31-34
applied for a Boundary Determination which requested that the zoning be changed from Urban
Residential Mobile Home to Sub Urban Commercial based upon the historically commercial use of
these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change request
made by the owners of Lots I - I 0, 13-25, 28, and 3 I -34, and changed the zoning of these properties
from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additionallots(11, 12,26,27,29, and
30 ) also found in Block 2 of the Mandalay Subdivision. These properties have remained under the
Urban Residential Mobile Home zoning designation since adoption of the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots I - I 0, 13-25, 28, and 31-34 have
retained the Sub Urban Commercial zoning designation as well as the Mixed Use/Commercial Future
Land Use Map designation, while Lots 11, 12,26,27,29, and 30 have kept their Urban Residential
Mobile Home designation and corresponding Residential High Future Land Use Map designation.
Bacc staff report
M # 99146 Kawalski
Page 9
12. The exclusion of the six lots (11, 12,26,27,29, and 30) from the 1990 map change created three spot
zones of Urban Residential Mobile Home-designated land surrounded by land zoned Sub Urban
Commercial.
13. In 1999, the property owners of Lots 11, 12,27, & 30 requested that their Urban Residential Mobile
Home designation also be changed to Sub Urban Commercial so as justify their current or proposed
uses of these four properties.
14. The Planning Department is proposing this map amendment as a way to respond to the requests of
these residents who were left out of the original 1990 map changes, as well as a way to address the
spot zones created by the 1990 map change.
15. The property owners of Lots 26 and 29 were contacted by the Planning Department and invited to
participate in the proposed map amendment, however, these property owners chose not to participate
in favor of retaining their current Residential High and Urban Residential Mobile Home designations.
16. The increased intensity of use which would be allowed under the proposed development potential
will not represent significant impacts on the community character, natural resources, or public
facilities.
CONCLUSIONS
1. The ,proposed map amendment as requested is consistent with Section 9.5-51 I of the Monroe County
Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce community
character, which is consistent with Objective 101.4.
3. Approving the proposed map amendment will address problematic spot zones created by the previous
1990 map change.
RECOMMENDATION
Based on the findings of fact and conclusions above, the Planning and Environmental Resource
Department recommends APPROVAL of the proposed Future Land Use Map change from Residential
High (RR) to Mixed Use/Commercial (MC) and APPROVAL of the proposed zoning change from
Urban Residential Mobile Home (URM) to Sub Urban Commercial (SC) for Lots I I, 12,27, and 30 of
Block 2 of the Mandalay Subdivision.
Bacc staff report
M # 99146 Kawalski
Page 1 0
. 7/"1~r-:-____
~E~~I
'-oC:~ . HWY
~ TlliIIlOY"'f'T'.
-,r--t ~ ~"D.
~--~~"""'("T_
~--;,~
r ~
I
N
I 1" 1/2 mile
97
Street Map
Monroe County
M# 99146
1 998 Experian Aerial Maps
Sheet 25-6
M# 99146
1"=300.
-
~
,
,
,
,
.-
.-
, .-
, .-
.-
.-
s:c
"URM
,
,
,
,
,
,
, /
, /
,~
/
/
/
/
/
/
( ROCI( HNI80R
I
I
I
I
I
I
I
I
I
I
I
I
)
/
/
/
/
~
/
/
/
/
/
/
/
/
/
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
!
!
N
Key: Ke
MM: 7
Proposal: FROM Urban Residential Mobile Home (URM)
TO Suburban Commercial (SC)
Property Description: Mandalay Subdivision Block 2 Lots 11 & 12. REI
554460. Block 2 Lot 27. RE# 554600. and Block 2 Lot 30. RE# 554420
Applicant Name: Kawalski Moore
Map #: 139
1 "=400' I
\ ,- 'I
....... _'" l /'. \
\
,
( '.,
,
\ '
I ,
, \
,
,
,
/
,
/
,
~\
"
Key s
,
'-----'''''-...
,
,
,
\
,
,
\
\
,
,
,
.,
,-,,- ',~
I, ',------<lJ
~/",,' ...:<
o
~
-..;
Pelican
~
I
Key we
INS \
R L P,F
, .,
,
,
,
/
,
I, /
" ,
" /
" ,
, ,
, , -
"
/
/;
;
,
I
"
"
Poi n t C h Q r I e s
RC
N
Future Land Use Map
Pro osed FLUM Amendment
Key: Ke
MM: 97
Proposal: FROM Residential Hi h RH
TO Mixed USe/Commercial (MC)
Property Description: Mandala Subdivision B
554460, Block 2 Lot 27, RE# 554600, and Block 2 Lot 30
1 "=2000' I
Applicant
Map # :
Name: Kawalski, Moore, Bennett
2
File Number
PLANNING COMMISSION
RESOLUTIONS P15-00 and P16-00
From the regular meeting held on
March 22, 2000
RESOLUTION NO. PI5-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY THE MONROE
COUNTY PLANNING DEPARTMENT TO CHANGE THE FUTURE
LAND USE MAP OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN FROM RESIDENTIAL HIGH (RH) TO
MIXED USE/COMMERCIAL (MC) FOR PROPERTY DESCRIBED AS
LOTS 11, 12, 27, AND 30 OF BLOCK 2, MANDALAY SUBDIVISION,
KEY LARGO, SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
MONROE COUNTY, FLORIDA, AND HAVING THE REAL EST ATE
NUMBERS 00554460-000000, 00554620-000000, AND 00554420-000000.
WHEREAS, during a regular meeting held on March 22, 2000, the Monroe County
Planning Commission conducted a public hearing on the request filed by the Monroe County
Planning Department to amend the Future Land Use Map (FLUM) of the Monroe County Year
2010 Comprehensive Plan from Residential High (RH) to Mixed Use/Commercial (MC) for
property described as Lots 11, 12, 27 and 30 of Block 2, Mandalay Subdivision, Key Largo,
Section 06, Township 62 South, Range 39 East; with the real estate numbers: 00554460-000000,
00554620-000000, and 00554420-000000.
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as a part of the record of said hearing:
I. The application for a FLUM requested by the Monroe County Planning Department
to change from RH to MC; and
2. The staff report prepared by Chad Meadows, Comprehensive Planner, Donny Lang,
Senior Planner, and Sandra Lee, Biologist, dated February 29, 2000; and
3. Comments made by the Development Review Committee; and;
WHEREAS, the Planning Commission has made the following FINDINGS OF FACT
based upon the evidence presented:
1. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the
Board of County Commissioners may consider a land use change if at least one of six
criteria is met. Section 9.5-511 also prohibits a change which negatively impacts
community character. Objective 101.4 of the Comprehensive Plan requires that the
county regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawai ski and Dana
Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other
commercial uses.
PC FLUM Resolution #M99146
Page 1 of 4
3. The properties in question are composed of Lots 11, 12,27, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RH) on the Future Land Use Map, and
as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map.
5. This proposed map amendment seeks to change the current Future Land Use Map
(PLUM) designation of Residential High (RH) to a future land use designation of Mixed
Use/Commercial (MC).
6. The Planning Department contends that this map amendment is needed based upon the
need for greater detail or comprehensiveness when considering the zoning of properties
in Block 2 of the Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior
to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive
Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25,28,
and 31-34 applied for a Boundary Determination which requested that the zoning be
changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the
historically commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change
request made by the owners of Lots 1-10, 13-25, 28, and 31-34, and changed the zoning
of these properties from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (11, 12,26,
27, 29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties
have remained under the Urban Residential Mobile Home zoning designation since
adoption of the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25,28, and 31-34
have retained the Sub Urban Commercial zoning designation as well as the Mixed
Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30
have kept their Urban Residential Mobile Home designation and corresponding
Residential High Future Land Use Map designation.
12. The exclusion of the six lots (11, 12, 26, 27, 29, and 30) from the 1990 map change
created three spot zones of Urban Residential Mobile Home-designated land surrounded
by land zoned Sub Urban Commercial.
13.
In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urban
Residential Mobile Home designation be changed to Sub Urban Commercial, and
Init",l~
Page 2 of 4
PC FLUM Resolution #M99146
corresponding Residential High be changed to Mixed Use/Commercial (MC) FLUM so
as justify their current or proposed uses of these four properties.
14. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 map changes, as well as
a way to address the spot zones created by the 1990 map changes.
15. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however, these property owners
chose not to participate in favor of retaining their current Residential High designation.
16. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities.
WHEREAS, the Planning Commission has made the following CONCLUSIONS OF
LA W based upon the evidence presented:
1. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Monroe County Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with The proposed map amendment as
requested is consistent with Section 9.5-511 of the Monroe County Land Development
Regulations.
3. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 10104.
4. Approving the proposed map amendment will address problematic spot zones created by
the previous 1990 map change.
PC FLUM Resolution #M99146
Page 3 of 4
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend to the Board of County Commissioners APPROV AL to
amend the Future Land Use Map from Residential High (RR) to Mixed Use/Commercial (MC)
for Lots 11, 12,27, & 30 of Block 2, Mandalay Subdivision, Key Largo.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 22nd day of March, 2000.
Chair Mapes
Commissioner Marr
Commissioner Werling
Commissioner Stuart
Commissioner Hill
YES
YES
YES
ABSENT
ABSENT
PLANNING COMMISSION OF MONROE COUNTY
I-
f.
! ., }
"; Lynn' ~pes~ ~~J\ - .
By
Signed this ~y of
\j
, 2000.
APPROVED AS TO FORM
~LEGALSUFF~
BY ~~~J
Attorney's Office
PC FLUM Resolution #M99146
Page 4 of 4
Initials
RESOLUTION NO. P16-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF
COUNTY COMMISSONERS OF THE REQUEST BY THE MONROE
COUNTY PLANNING DEPARTMENT TO CHANGE THE MONROE
COUNTY ZONING MAP FROM URBAN RESIDENTIAL MOBILE
HOME (URM) TO SUB URBAN COMMERCIAL (SC) FOR PROPERTY
DESCRIBED AS LOTS 11, 12,27, AND 30 OF BLOCK 2, MANDALAY
SUBDIVISION, KEY LARGO, SECTION 06, TOWNSHIP 62 SOUTH,
RANGE 39 EAST, MONROE COUNTY, FLORIDA, AND HAVING THE
REAL ESTATE NUMBERS 00554460-000000, 00554620-000000, AND
00554420-000000.
WHEREAS, during a regular meeting held on March 22, 2000, the Monroe County
Planning Commission conducted a public hearing on the request filed by the Monroe County
Planning Department to amend the Monroe County Zoning Map from Urban Residential Mobile
Home (URM) to Sub Urban Commercial (SC) for property described as Lots 11, 12,27 and 30
of Block 2, Mandalay Subdivision, Key Largo, Section 06, Township 62 South, Range 39 East;
with the real estate numbers: 00554460-000000,00554620-000000, and 00554420-000000.
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as a part of the record of said hearing:
I. The application for zoning map amendments as requested by the Monroe County
Planning Department to change from URM to SC; and
2. The staff report prepared by Chad Meadows, Comprehensive Planner, Donny Lang,
Senior Planner, and Sandra Lee, Biologist, dated February 29,2000; and
3. Comments made by the Development Review Committee; and;
WHEREAS, the Planning Commission has made the following FINDINGS OF FACT
based upon the evidence presented:
1. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the
Board of County Commissioners may consider a land use change if at least one of six
criteria is met. Section 9.5-511 also prohibits a change which negatively impacts
community character. Objective 101.4 of the Comprehensive Plan requires that the
county regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and D~a
Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other
commercial uses.
PC LUM Resolution #M99146
Page 1 of 4
3. The properties in question are composed of Lots 11, 12,27, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RR) on the Future Land Use Map, and
as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map.
5. This proposed map amendment seeks to change the current Urban Residential Mobile
Home (URM) designation to a zoning designation of Sub Urban Commercial (SC).
6. The Planning Department contends that this map amendment is needed based upon the
need for greater detail or comprehensiveness when considering the zoning of properties
in Block 2 of the Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior
to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive
Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25,28,
and 31-34 applied for a Boundary Determination which requested that the zoning be
changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the
historically commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change
request made by the owners of Lots 1-10, 13-25,28, and 31-34, and changed the zoning
of these properties from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (11, 12,26,
27, 29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties
have remained under the Urban Residential Mobile Home zoning designation since
adoption of the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25,28, and 31-34
have retained the Sub Urban Commercial zoning designation as well as the Mixed
Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30
have kept their Urban Residential Mobile Home designation and corresponding
Residential High Future Land Use Map designation.
12. The exclusion of the six lots (11, 12, 26, 27, 29, and 30) from the 1990 map change
created three spot zones of Urban Residential Mobile Home-designated land surrounded
by land zoned Sub Urban Commercial.
13. In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urbap
Residential Mobile Home designation also be changed to Sub Urban Commercial so as
justify their current or proposed uses of these four properties.
PC LUM Resolution #M99146
Page 2 of 4
Initial
14. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 map changes, as well as
a way to address the spot zones created by the 1990 map changes.
15. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however, these property owners
chose not to participate in favor of retaining their current Urban Residential Mobile
Home designation.
16. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities.
WHEREAS, the Planning Commission made the following CONCLUSIONS OF LAW
based upon the evidence presented:
I. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Monroe County Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with the proposed map amendment as
requested is consistent with Section 9.5-511 of the Monroe County Land Development
Regulations.
3. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 101.4.
4. Approving the proposed map amendment will address problematic spot zones created by
the previous 1990 map change.
PC LUM Resolution #M99146
Page 3 of 4
InilialS~
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend to the Board of County Commissioners APPROVAL to
amend the Zoning Map from Urban Residential Mobile Home (URM) to Sub Urban Commercial
(SC) for Lots 11, 12,27, & 30 of Block 2 Mandalay Subdivision, Key Largo.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 22nd day of March, 2000.
Signed this ~ay of
Chair Mapes
Commissioner Marr
Commissioner Werling
Commissioner Stuart
'I Commissioner Hill
PLANNING C~~ISSION I' MONROE COUNTy
By Gi~'h~ r: I'\'>-<..~ <
I Lynn Mapes, C ~r
, . \
\J
YES
-
YES
YES
-
ABSENT
ABSENT
,2000.
APPROVED AS TO FORM
8Y~~~~
~ Attorney's Office
PC LUM Resolution #M99146
Page 4 of 4
Initials
DEVELOPMENT REVIEW COMMITTEE
RESOLUTIONS
D03-00 AN D D04-00
From a regular meeting held on
March 2, 2000
DRC RESOLUTION NO. D03-00
A RESOLUTION BY TIlE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
PLANNING COMMISSION OF THE REQUEST BY MONROE COUNTY
TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL
HIGH (RH) TO MIXED USE/COMMERCIAL (MC) FOR PROPERTY
DESCRIBED AS LOTS 11, 12,27, AND 30 OF BLOCK 2, MANDALAY
SUBDIVISION, KEY LARGO, SECTION 06, TOWNSHIP 62 SOUTH,
RANGE 39 EAST, MONROE COUNTY, FLORIDA, AND HAVING THE
REAL EST A TE NUMBERS 00554460-000000, 00554620-000000, AND
00554420-000000.
WHEREAS, The Monroe County Development Review Committee during a regular
meeting held on March 2, 2000 conducted a review and consideration of the request filed by The
Monroe County Planning Department to amend the Future Land Use Map (FLUM) of the
Monroe County Year 2010 Comprehensive Plan from Residential High (RH) to Mixed
Use/Commercial (MC) for property described as Lots 11, 12, 27 and 30 of Block 2, Mandalay
Subdivision, Key Largo, Section 06, Township 62 South, Range 39 East; with the real estate
numbers 00554460-000000, 00554620-000000, and 00554420-000000.
WHEREAS, the Development Review Committee examined the following information:
1. The application for a FLUM requested by the Monroe County Planning Department
to change from RH to MC; and
2. The staff report prepared by Chad Meadows, Comprehensive Planner, Donny Lang,
Senior Planner, and Sandra Lee, Biologist, dated February 29, 2000; and
3. Comments made by the Development Review Committee; and;
WHEREAS, the Development Review Committee made the following FINDINGS OF
FACT based upon the evidence presented:
I. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the
Board of County Commissioners may consider a land use change if at least one of six
criteria is met. Section 9.5-511 also prohibits a change which negatively impacts
community character. Objective 101.4 of the Comprehensive Plan requires that the
county regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dana
Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other
commercial uses.
DRe Resolution #M9914.ft,
Page 1 of4
Initials d
3. The properties in question are composed of Lots 11, 12,27, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RH) on the Future Land Use Map, and
as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map.
5. This proposed map amendment seeks to change the current Urban Residential Mobile
Home (URM) designation to a zoning designation of Sub Urban Commercial (SC).
6. The Planning Department contends that this map amendment is needed based upon the
need for greater detail or comprehensiveness when considering the zoning of properties
in Block 2 of the Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior
to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive
Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25,28,
and 31-34 applied for a Boundary Detennination which requested that the zoning be
changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the
historically commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change
request made by the owners of Lots 1-10, 13-25,28, and 31-34, and changed the zoning
of these properties from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (11, 12,26,
27, 29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties
have remained under the Urban Residential Mobile Home zoning designation since
adoption of the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25,28, and 31-34
have retained the Sub Urban Commercial zoning designation as well as the Mixed
Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30
have kept their Urban Residential Mobile Home designation and corresponding
Residential High Future Land Use Map designation.
. 12. The exclusion of the six lots (11, 12, 26, 27, 29, and 30) from the 1990 map change
created three spot zones of Urban Residential Mobile Home-designated land surrounded
by land zoned Sub Urban Commercial.
DRC Resolution #M99'&t"
Page 2 of 4
Initials
U-
13. In 1999, the property owners of Lots 11, 12, 27, & 30 requested that their Urban
Residential Mobile Home designation also be changed to Sub Urban Commercial so as
justify their current or proposed uses of these four properties.
14. The Planning Department is proposing this map amendment as a way to respond to the
requests of these residents who were left out of the original 1990 rezoning, as well as a
way to address the spot zones created by the 1990 rezoning.
15. The property owners of Lots 26 and 29 were contacted by the Planning Department and
invited to participate in the proposed map amendment, however, these property owners
chose not to participate in favor of retaining their current Urban Residential Mobile
Home designation.
16. The increased intensity of use which would be allowed under the proposed development
potential will not represent significant impacts on the community character, natural
resources, or public facilities.
WHEREAS, the Development Review Committee made the following CONCLUSIONS
based upon the evidence presented:
1. The proposed map amendment as requested is consistent with Section 9.5-511 of the
Monroe County Land Development Regulations.
2. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with The proposed map amendment as
requested is consistent with Section 9.5-511 of the Monroe County Land Development
Regulations.
3. The proposed land use changes as requested would positively impact and reinforce
community character, which is consistent with Objective 101.4.
4. Approving the proposed map amendment will address problematic spot zones created by
the previous 1990 map change.
5. Approving the proposed map amendment will address problematic spot zones created by
the previous 1990 map change.
DRe Resolution #M991 ~ (,
Page 3 of4
Initials
tF-
NOW THEREFOllaE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the
Planning Commission of the request by the Monroe County Planning Department to amend the
Future Land Use Map from Residential High (RH) to Mixed Use/Commercial (MC).
PASSED AND ADOPTED by the Development Review Committee of Monroe County,
Florida at a regular meeting held on the 2nd day of March, 2000.
Edward Koconis, DRC Chair
Donny Lang, Senior Planner
Ralph Gouldy, Environmental Planner
Department of Public Works (by fax)
Department of Engineering (by fax)
Department of Environmental Health
Department of Community Affairs
YES
YES
YES
YES
YES
ABSENT
ABSENT
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
By ~t}Jt~ ~r~
Edward Koconis, DRC Chair
Signed this 61:h. day of ~~
, 2000.
ORe Resolution #M99/ '"
Page 4 of 4
Initials ~
DRC RESOLUTION NO. D04-00
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROV AL TO THE
PLANNING COMMISSION OF THE REQUEST BY MONROE COUNTY
TO CHANGE THE MONROE COUNTY ZONING MAP FROM URBAN
RESIDENTIAL MOBILE HOME (URM) TO SUB URBAN
COMMERCIAL (SC) FOR PROPERTY DESCRIBED AS LOTS 11, 12, 27,
AND 30 OF BLOCK 2, MANDALA Y SUBDIVISION, KEY LARGO,
SECTION 06, TOWNSIDP 62 SOUTH, RANGE 39 EAST, MONROE
COUNTY, FLORIDA, AND HAVING THE REAL ESTATE NUMBERS
00554460-000000, 00554620-000000, AND 00554420-000000.
WHEREAS, The Monroe County Development Review Committee during a regular
meeting held on March 2, 2000 conducted a review and consideration of the request filed by The
Monroe County Planning Department to amend the Monroe County Zoning Map from Urban
Residential Mobile Home (URM) to Sub Urban Commercial (SC) for property described as Lots
11, 12, 27 and 30 of Block 2, Mandalay Subdivision, Key Largo, Section 06, Township 62
South, Range 39 East; with the real estate numbers 00554460-000000, 00554620-000000, and
00554420-000000.
WHEREAS, the Development Review Committee examined the following information:
1. The application for zoning map amendments as requested by the Monroe County
Planning Department to change from URM to SC; and
2. The staff report prepared by Chad Meadows, Comprehensive Planner, Donny Lang,
Senior Planner, and Sandra Lee, Biologist, dated February 29, 2000; and
3. Comments made by the Development Review Committee; and;
WHEREAS, the Development Review Committee made the following FINDINGS OF
FACT based upon the evidence presented:
I. Section 9.5-511 of the Monroe County Land Development Regulations specifies that the
Board of County Commissioners may consider a land use change if at least one of six
criteria is met. Section 9.5-511 also prohibits a change which negatively impacts
community character. Objective 101.4 of the Comprehensive Plan requires that the
county regulate future development to maintain the character of the community.
2. The subject properties are developed parcels owned by Frank Kawalski and Dana
Hollinger, Patsy Moore, and Chester and La Joyce Bennett, which are bounded by other
commercial uses.
DRe Resolution #M991'f(,
Page 1 of 4
Initials ClL-....
3. The properties in question are composed of Lots 11, 12,27, and 30 of Block 2, Mandalay
Subdivision in Key Largo.
4. The properties are designated as Residential High (RH) on the Future Land Use Map, and
as Urban Residential Mobile Home (URM) on the Land Use District (zoning) Map.
5. This proposed map amendment seeks to change the current future land use map (PLUM)
designation of Residential High (RH) to a future land use designation of Mixed
Use/Commercial (MC).
6. The Planning Department contends that this map amendment is needed based upon the
need for greater detail or comprehensiveness when considering the zoning of properties
in Block 2 of the Mandalay Subdivision.
7. All of the properties within Block 2 of the Mandalay Subdivision were zoned BU-2 prior
to the adoption of the 1986 Comprehensive Plan. These properties were rezoned to Urban
Residential Mobile Home as a part of the changes proposed by the 1986 Comprehensive
Plan.
8. Following adoption of the 1986 Comprehensive Plan, the owners of Lots 1-10, 13-25,28,
and 31-34 applied for a Boundary Determination which requested that the zoning be
changed from Urban Residential Mobile Home to Sub Urban Commercial based upon the
historically commercial use of these properties.
9. Resolution 128-1990 from the Board of County Commissioners granted the map change
request made by the owners of Lots 1-10, 13-25,28, and 31-34, and changed the zoning
of these properties from Urban Residential Mobile Home to Sub Urban Commercial.
10. The map change which took place in 1990 did not include six additional lots (11, 12,26,
27, 29, and 30 ) also found in Block 2 of the Mandalay Subdivision. These properties
have remained under the Urban Residential Mobile Home zoning designation since
adoption of the 1986 Comprehensive Plan.
11. With the adoption of the Year 2010 Comprehensive Plan, Lots 1-10, 13-25,28, and 31-34
have retained the Sub Urban Commercial zoning designation as well as the Mixed
Use/Commercial Future Land Use Map designation, while Lots 11, 12,26,27,29, and 30
have kept their Urban Residential Mobile Home designation . and corresponding
Residential High Future Land Use Map designation.
12. The exclusion of the six lots (11, 12, 26, 27, 29, and 30) from the 1990 map change
created three spot zones of Urban Residential Mobile Home-designated land surrounded
by land zoned Sub Urban Commercial.
DRe Resolution #M99/Cf(P
Page 2 of4
Initials ~
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the
Planning Commission of the request to amend the Zoning Map from Urban Residential Mobile
Home (URM) to Sub Urban Commercial (SC).
PASSED AND ADOPTED by the Development Review Committee of Monroe County,
Florida at a regular meeting held on the 2nd day of March, 2000.
Edward Koconis, DRC Chair
Donny Lang, Senior Planner
Ralph Gouldy, Environmental Planner
Department of Public Works (by fax)
Department of Engineering (by fax)
Department of Environmental Health
Department of Community Affairs
YES
YES
YES
YES
YES
ABSENT
ABSENT
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
By f'Jhw~ \\~
Edward Koconis, DRC Chair
Signed this bd:U day of tr\c:\'f"( n
, 2000.
DRe Resolution #M99 I ~
Page 4 of 4
Initials ~