Item D3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUNrn{ARY
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 a Land Use District Map Amendment for property owned by Clinton E Miller. These
Amendments will chang'e the FUture1:..and Use designation from Mixed Use/Commercial (MC)
to Residential Medium (RM) and change the zoning from Suburban Commercial (SC) to
Improved Subdivision (IS). Theses changes are for 2 properties described as Lots 5, 6, and
adjacent Bay Bottom, in Section 14, Township 62 South, Range 39 East, in Re-Sub Seaside
Subdivision, Key Largo Florida, approximate mile marker, 94.5.
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 OMB/Purchasing N/A Risk Management N/A
DEPARTMENT DIRECTOR APPROVAL: >r /?1,d....<<- a~~
K. Marlene Conawa
Dir ctor, Plann' g Environmental Resources
DIVISION DIRECTOR APPROVAL:
Timo
DOCUMENTATION: Included X
DISPOSITION:
To follow _ Not required _
Agenda Item #: ~
M99143
PROPOSED FLUM AMENDMENT
MIXED USE/COMMERCIAL (MU)
TO
RESIDENTIAL MEDIUM (RM)
PROPOSED ZONING AMENDMENT
SUBURBAN COMl\1ERCIAL (SC)
TO
IMPROVED SUBDMSION (IS)
This amendment has been requested by the property owner Mr. Clinton E. Miller.
The properties are described as Lots 5, 6, and adjacent Bay Bottom, in Section 14,
Township 62 South, Range 39 East in Re-Sub Seaside Subdivision, Key Largo, Florida,
approximate Mile Marker, 94.5.
FLUM RECOMMENDATIONS
Staff: Approval January 19, 2000 Staff Report
DRC: Approval February 8,2000 Resolution #D01-00
PC: Approval April 12, 2000 Resolution #P17-00
BOCC: Approval May 17, 2000 Resolution # 199-00
ZONING RECOMMENDATIONS
Staff: Approval January 19,2000 Staff Report
DRC: Approval Februcuy 8, 2000 Resolution #D02-00
PC: Approval April 12, 2000 Resolution #P18-00
BOCC: Approval May 17, 2000 Resolution # 199-00
The Proposed Future Land Use
Map Amendment Ordinance
Miller Property - Seaside Resubdivision
File # M99143
February 22, 200 I
Key Largo Library
ORDINANCE NO.
-2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST BY
CLINTON MILLER TO AMEND THE FUTURE LAND USE
MAP FROM MIXED USE COMMERCIAL (MC) TO
RESIDENTIAL MEDIUM (RM) FOR PROPER TIES
DESCRIBED AS LOTS 5 & 6 AND ADJACENT BAY
BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO,
LOCATED IN SECTION 14, TOWNSHIP 62, RANGE 38, AT
APPROXIMATELY MILE MARKER 94.5.
WHEREAS, the Development Review Committee, The Monroe County Planning
Commission and staff support and recommend approval of this Future Land Use Map (PLUM)
amendment from MC to RM as indicated in resolutions D-OI-OO and P-17-00; and
WHEREAS, the Planning Commission held a public hearing on February 23, 2000 and
recommends the 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. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the Land Development Regulations and the Future Land Use Map.
2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
3. This map amendment has been initiated by the property owner in recognition of a need for
additional detail or comprehensiveness, The applicants' agent, Gay Marie Smith, listed the
following reasons for requesting a rezoning of the subject properties:
1. These properties in the past have been granted a building permit for a single-family
residence.
Boce Ordinance to Amend FLUM
File M#99143
Page 1 of5
Initials
11. The construction of the residence was started but upon completing a portion of the
structure, the owner allowed the permit to elapse
111. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS) and
has a single family home on it. Lot 7 to the northeast of the subject properties has had a
map amendment change and is now also zoned IS.
IV. The subject properties are located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
4. The Planning Department's review of this map amendment indicates that the first three
additional detail items (i., ii., and iii.) raised by the applicants' agent are not entirely accurate.
There are no active permits on file with the Monroe County Building Department, or any record
of a ROGO application having been made to construct the foundation. Lot 4 to the southwest of
the subject properties is actually zoned Suburban Commercial (SC), not Improved Subdivision
(IS). However, The subject properties ARE located in a residential neighborhood with only
one commercial enterprise, Snapper's restaurant, located down the street.
5. The subject properties currently have the Future Land Use category Mixed Use Commercial
(MC) which provides for the establishment of commercial zoning districts where various types
of commercial retail and office uses may be permitted,
6. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use
category Mixed Use Commercial (MC) was applied to the subject properties, following the
existing zoning. Seaview Boulevard, which bisects Seaside Avenue (the street on to which the
subject properties front), serves as the zoning district boundary between Suburban Commercial
(SC) zoning to the south and Improved Subdivision (IS) zoning to the north.
There have been several boundary changes and re-zonings in the vicinity of the subject
properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings
between 1986 and 1988 to identify errors brought fOlWard by property owners. As a result of
these hearings, one boundary change was approved by the Board of County Commissioners in
June 1988, This change pertains to Lot 7, adjacent to Lot 6 of the subject properties, whereby
the boundaries were amended to remove the property from the Surburban Commercial (SC)
zoning district and include it in the Improved Subdivision (IS) zoning district.
A second interpretation was made in December 1988, by Assistant County Administrator for the
Growth Management Division, which resulted in a determination that a mapping error led to a
small portion of Seaside and Seaside Re-subdivision to the east of Ocean View Boulevard being
incorrectly zoned Improved Subdivison (IS). These properties were included in the Suburban
Commercial (SC) zoning district in September 1991.
7. Policy 101.4.4 states that the purpose of the Residential Medium (RM) land use category is to
recognize those portions of subdivisions that were lawfully established and improved prior to
BOCC Ordinance to Amend FLUM
File M#99143
Page 2 of 5
Initials
the adoption of this plan and to define improved subdivisions as those lots served by a dedicated
and accepted existing roadway, have an approved potable water supply, and have sufficient
uplands to accommodate the residential uses. Development on vacant land within this land use
category shall be limited to one residential dwelling unit for each such platted lot or parcel
which existed at the time of plan adoption,
8. Though FLUMed Mixed Use Commercial (MC), the Seaside Re-Subdivision is primarily a
residential neighborhood, with approximately 50% of the lots developed and the remaining
50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina is
located three properties to the northwest of the subject properties, with a buffer of two vacant
lots between the restaurant and the residence on the property adjacent to the subject properties.
Several vacant lots across the road from the restaurant provide parking for Snappers patrons.
The remainder of the street is residential.
9. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate
land use category for the subject properties.
10. Section 9.5-511 prohibits any amendments to the text which would negatively impact
community character.
11. The subject properties are already fully built out but for three properties. Changing the Future
Land Use Map will encourage more efficient use of these properties than is currently permitted,
in keeping with the character of existing adjacent land uses.
12. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities,
14. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which
are intrinsically most suitable for development and shall encourage conservation and protection
of environmentally sensitive lands.
15. The proposed map amendment supports Goal 102 as the habitat of the subject properties was
found to be already disturbed, therefore no negative impacts on the natural resources of the
subject properties are anticipated.
WHEREAS, the Board of County Commissioners makes the following Conclusions of Law:
1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of
Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively
Boec Ordinance to Amend FLUM
File M#99143
Page 3 of5
Initials
impact or alter the character of the subject properties or of the Anglers Park North
neighborhood.
2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it
provides a mechanism for the subject properties to come into conformance.
3. The proposed map amendment supports Objective 101.11 of the Monroe County
Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity
Assessment Report and the listed programs on stormwater and wastewater, There are
no significant concerns regarding impacts on public facilities.
4, The proposed map amendment supports and is consistent with Goal 102 of the
Monroe County Year 20 I 0 Comprehensive Plan as it will not have any significant
impacts on the natural environment, will facilitate infill in an already developed
neighborhood, will enable redevelopment of existing apartment buildings that were
constructed in the 1970's and will enable more expeditious reconstruction in the event
of destruction of the buildings, by facilitating easier access to building permits.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section I. This Board specifically adopts the findings of fact and conclusions
of law stated above.
Section 2. The previously described property, which is currently Mixed
Use/Commercial shall be designated as Residential Medium (RM) as shown on
the attached map, which is hereby incorporated by reference and attached as
Exhibit 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
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
approving the amendment pursuant to Chapter 380, Florida Statutes.
BOCC Ordinance to Amend FLUM
File M#99143
Page 4 of5
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
(MA YOR/CHAIRMAN)
ATTEST:
DANNY L. KOLHAGE
Signed this
day of
,2001.
BY:
DEPUTY CLERK
. Attorney's Office
BOCC Ordinance to Amend FLUM
File M#99143
Page 5 of5
Initials
:::
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Key: Largo
MM: 95
Property Description: Lots 5 and 6 and Adjacent Bay Bottom, Block 5,
Re-Sub Seaside
1"=2000' I
Applicant Name:
Map #: 2
Clinton E. Miller
File Number : M99143
The Proposed Land Use District
Map Amendment (zoning)
Ordinance
Miller Property - Seaside Resubdivision
File # M99143
ORDINANCE NO.
-2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY CLINTON MlLLER TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM SUBURBAN
COMMERCIAL (SC) TO IMPROVED SUBDIVISION (IS) FOR
PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT
BAY BOTTOM, RE-SUB SEASIDE SUBDIVISION, KEY
LARGO, LOCATED IN SECTION 14, TOWNSHIP 62, RANGE
38, AT APPROXIMATELY MlLE MARKER 94,5.
WHEREAS, the Development Review Committee, Planning Commission and staff
support and recommend approval of this zoning use map amendment from SC to IS as indicated
in resolutions D-02-00 and P-18-00; and
WHEREAS, the Planning Commission reviewed and considered the application during a
regular meeting held February 23,2000, and recommends the approval of the request; and
WHEREAS, the Board of County Commissioners, during a regular meeting held on
May 17, 2000, conducted a review and consideration of the requested zoning map amendment
and directed the Planning Department to transmit a draft of the map 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
Fact:
WHEREAS, the Board of County Commissioners makes the following Findings of
1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the Land Development Regulations and the Future Land Use Map.
2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions,
3. This map amendment has been initiated by the property owner to address a recognized need
for additional detail or comprehensiveness. The applicants' agent, Gay Marie Smith, listed
the following reasons for requesting a rezoning of the subject properties:
1. These properties in the past have been granted a building permit for a single-family
residence.
Boce Ordinance to Amend Zoning Map
File M#99143
Page 1 of 4
Initials
11, The construction of the residence was started but upon completing a portion of the
structure, the owner allowed the permit to elapse.
iii. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS)
and has a single family home on it. Lot 7 to the northeast of the subject properties
has had a map amendment change and is now also zoned IS,
IV. The subject properties are located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
4. The Planning Department's review of this map amendment indicate that the first two
additional detail items (i" ii" and iii.) raised by the applicants' agent are not entirely accurate.
There are no active permits on file with the Monroe County Building Department, or any
record of a ROGO application having been made to construct the foundation. Lot 4 to the
southwest of the subject properties is actually zoned Suburban Commercial (SC), not
Improved Subdivision (IS). However, The subject properties ARE located in a residential
neighborhood with only one commercial enterprise, Snapper's restaurant, located down the
street.
5. The subject properties currently have the mapping category Suburban Commercial (SC),
which does not allow single-family homes.
6. The purpose of the Sub Urban Commercial (SC) zoning district is to establish areas for
commercial uses designed and intended primarily to serve the needs of the immediate
planning area in which they are located. This district should be established at locations
convenient and accessible to residential areas without use of U.S. 1.
7. The purpose of the Improved Subdivision (IS) zoning district is to accommodate the
legally vested residential development rights of the owners of lots in subdivisions that
were lawfully established and improved prior to the adoption of this chapter. For the
purpose of this section, improved lots are those which are served by a dedicated and
accepted existing road of porous or nonporous material, that have a Florida Keys
Aqueduct Authority approved potable water supply, and that have sufficient uplands
to accommodated the proposed use in accordance with the required setbacks.
8. Though zoned Suburban Commercial (SC), the Seaside Re-Subdivision is primarily a
residential neighborhood, with approximately 50% of the lots developed and the remaining
50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina
is located three properties to the northwest of the subject properties, with a buffer of two
vacant lots between the restaurant and the residence on the property adjacent to the subject
properties. Several vacant lots across the road from the restaurant provide parking for
Snappers patrons. The remainder of the street is residential.
9. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate
zoning map category for the subject properties,
Boce Ordinance to Amend Zoning Map
File M#99143
Page 2 of 4
Initials
10. Section 9.5-511 prohibits any amendments to the text which would negatively impact
community character.
11, The subject properties are already fully built out but for three properties. Changing the
zoning map will encourage more efficient use of these properties than is currently permitted,
in keeping with the character of existing adjacent land uses.
12, Objective 101.11 states that Monroe County shall ensure that at the time a development
permit is issued, adequate public facilities are available to serve the development at the
adopted level of service standards concurrent with the impacts of such development.
13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts
on public facilities,
14. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands
which are intrinsically most suitable for development and shall encourage conservation and
protection of environmentally sensitive lands.
15. The proposed zoning map amendment supports Goal 102 as the habitat of the subject
properties was found to be already disturbed, therefore no negative impacts on the natural
resources of the subject properties are anticipated; and
WHEREAS, the Board of County Commissioners makes the following Conclusions of Law:
1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements
of Section 9.5-218 of the Monroe County Land Development Regulations and will not
negatively impact or alter the character of the subject properties or of the Anglers Park North
neighborhood.
2. The proposed zoning map amendment meets Objective 101.8 ill that it provides a
mechanism for the subject properties to come into conformance.
3. The proposed zoning map amendment supports Objective 101.11 of the Monroe County
Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
4. The proposed zoning map amendment supports and is consistent with Goal 102 of the
Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on
the natural environment, will facilitate infill in an already developed neighborhood, will
enable redevelopment of existing apartment buildings that were constructed in the 1970's and
will enable more expeditious reconstruction in the event of destruction of the buildings, by
facilitating easier access to building permits.
Boce Ordinance to Amend Zoning Map
File M#99143
Page 3 of 4
Initials
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5,
This Board specifically adopts the findings of fact and conclusions of law stated
above.
The previously described properties, which are currently zoned Suburban
Commercial (SC), shall be zoned Improved Subdivision (IS) as shown on the
attached map, which is hereby incorporated by reference and attached as Exhibit
1.
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.
This ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 380, Florida Statutes.
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.
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.
ATTEST:
Signed this
BY:
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)
DANNY L. KOLHAGE
day of
, 2001.
DEPUTY CLERK
HOCC Ordinance to Amend Zoning Map
File M#99143
Page 4 of 4
Initials
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Key: Largo
M M: 95
Proposal: Lots 5 and 6 and Adjacent Bay Bottom, Block 5, Re-Sub
Seaside to IS
Property Description: Lots 5 & 6 and Adjacent Bay Bottom, Block 5,
Seaside Re-Sub
1 "=400' I
Applicant Name:
Map #: 145
Clinton E Miller
File Number
M99143
The Staff Report
Miller Property - Seaside Resubdivision
File # M99143
February 22, 2001
The Key Largo Library
MEMORANDUM
TO:
Board of County Commissioners
FROM:
K. Marlene Conaway, Director of Planning and Environmental Resources
Fred Gross, Director, Island Planning Team
Sandra Lee, Upper Keys Biologist
RE:
Miller Rezoning Seaside and Seaside Re-Subdivision SC to IS
File MM99143
DA TE:
January 17,2001
EXISTING FUTURE LAND USE DE SIGNA TION: Mixed Use Commercial (MC)
PROPOSED FUTURE LAND USE DESIGNATION: Residential Medium (RM)
EXISTING ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPOSED ZONING DESIGNATIONS: Improved Subdivision (IS)
PROPERTY OWNER: Clinton E. Miller
AGENT: Gay Marie Smith
PROPERTY INFORMATION
Key:
Key Largo
Size:
32,851 square feet (.75 acre being ,29 acre land plus.46 acre bay bottom)
Mile Marker:
MM 94.5 of US, Highway No.1
Location Detail & Brief Description:
The Clinton E. Miller properties are located in Seaside Subdivision, on Seaside Avenue in Key Largo.
The properties are situated between the Atlantic Ocean to the southeast, and are one block from U.S.
Highway 1, which lies to the northwest. A collector road, Ocean View Boulevard, leads neighborhood
traffic from Seaside Avenue to U.S. Highway 1, at approximately.MM 94,5.
Map Amendment From SC to IS
File #M99143
1
Re Sub Seaside PB2-10 Key Largo - Lots designated from original Plat PBI-97 as Lot 5 SQR 5 OR427-
327 OR812-114111142 OR 885-478/479CT ORI318-11/12 (CW) ORI426-2038/39 (CW) (RE
00492380-000000); and
Re Sub Seaside PB2- 10 Key Largo - Lots designated from original Plat PB I -97 as Lot 6 SQR 5 and
ADJ BB OR431-S79, OR797-1 107, OR801-1595, OR 810-33C, OR8IO-34C, ORI133-7290/C(CMS),
OR1306-14S5 (CW), OR1326- I 44 1/42 (CW) (RE 00492390-000000); and
146238 Island of Key Largo Bay Bottom ADJ to Lot 5 Blk 5 Seaside PBI-97, OR 32-9/10, OR44-192,
OR 449-838, OR 812-1141/42, OR885-478179CT, OR 1318-11/12 (CW), ORI426-2038/39 (CW) (RE
00088780-000000).
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Figure I. View of Subject Property Looking North West
Figure 2. View ofthe Subject Property Looking South East
Existing Use:
The subject properties are two side by side
lots of equal size, each having a 50.54 foot
frontage on Seaside A venue, and a depth
of 125 feet. A contiguous parcel of
submerged land 50.54 feet wide and 200
feet deep is held as part of each property,
by Deed 21,013 from the Trustees
Improvement Fund of the State of Florida,
giving access to the Atlantic Ocean. Those
portions of this submerged water lot
associated with the subject properties are
included in the re-zoning application.
A concrete foundation measuring 44 feet
by 38 feet, and 12 concrete pillars for an
elevated structure were built on Lot 5 in
1996. The structure first shows up on
aerial photographs in 1997. There is no
active permit for construction on record
with the Monroe County Building
Department. Citations relating to the
condition of the structure were issued by
Monroe County Code Enforcement in
December 1998. This case will be
presented to the Special Master on October
28, 1999.
Map Amendment From se to IS
File #M99143
2
Each lot is approximately 50,54 feet wide and 260 feet to the altered shoreline along the lot line
between Lots 5 and 6. The 'outside' lot lines (adjacent to Lots 4 and 7) are approximately 160 feet
to the altered shoreline of the boat basins which have been cut-in along the property line between
Lots 4 and 5 and between Lots 6 and 7.
The shoreline is altered with concrete and rip-rap between Lots 5 and 6. The boat basin on Lot 5
has a concrete bulkhead, There is a small concrete dock along the canal edge on Lot 6. Currently,
parts of the submerged lot are being used for boat dockage and storage of related supplies, including
two small boats (not on trailers), one boat trailer and several beehives on Lot 5 and two vessels, a
small trailer, old palm fronds and horticultural debris on Lot 6.
A professional land survey, prepared by Hal Thomas in 1999, shows the concrete foundation to
overlap the land and submerged land lots, Section 9.5-281, Minimum Yards, of the Land
Development Regulations indicates that Sub Urban Commercial (SC) uses other than hotels must
have a minimum 25 foot front yard setback, a minimum of a 10 foot setback on one side yard with a
combined minimum of 15 feet for both sides, and a rear yard setback of 10 feet. The concrete
foundation does not meet the required side yard setbacks. The mean high water line of the altered
shoreline deftnes the rear setback. Rezoning to Improved Subdivision (IS) would require a rear
setback of 20 feet from the shoreline, It is unclear from the site survey whether this setback
requirement can be met.
Additionally, under the current SC zoning, in accordance with Section 9.5-377, District Boundary
Buffers, this site requires a Class 'D' bufferyard of at least 20 feet wide where the SC zoned parcels
interface with parcels zoned IS. This requirement currently applies to the front yards of the subject
properties which are adjacent to the IS lots across Seaside Avenue, and side yard adjacent to Lot 7,
By rezoning Lots 5 and 6, the net buildable area of Lot 5 may be reduced as a 20 foot bufferyard
would also be required on the lot line between Lots 4 and 5. Responsibility for district boundary
bufferyards can be shared by property owners according to various formulas. Bufferyards can be
included within the required building setbacks from the property line, however, the greater distance
of the two (setback or bufferyard) will be applied for determining the net buildable area of a parcel.
In short, these requirements will lessen the amount of buildable area available on Mr. Millers lot.
By rezoning Lots 5 and 6 to Improved Subdivision (IS), the adjacent Lot 4, which remains
Suburban Commercial (SC) and is bounded on the south by a Suburban Residential (SR) zoning
district, will become a 'spot zone' parcel by default. Planning laws state that spot zoning is invalid
if it, ". .,singles out a small area for a use classification that is different from the surrounding area, ...
and is not in accordance with a comprehensive zoning scheme." The SR area immediately
southwest of Lot 4 is mangrove wetland and under existing regulations can not be developed.
Mr. Miller's property agent invited Benito and Mercedes Valdes, owners of Lot 4, to include their
lot as part of the rezoning application. As Lot 4 is zoned SC, the single family residence on their
property is non-conforming as to use. Rezoning presents an opportunity for the Valdes's to bring
their property into conformity, and thus receive the beneftts of quicker access to permits for
renovations or reconstruction in the event of property damage from storms, Mr. Valdes initially
expressed an interest in being included in this map amendment. However, he then informed the
property agent and the Planning Department that he did not want his property included in the
rezoning due to his reservations in dealing with local governments and his desire to be left alone.
Map Amendment From SC to IS
File #M99143
3
Existing Habitat:
The habitat of the subject properties is best classified as disturbed or scarified. The lots consist of
mowed vegetation. Non-native coconut palms are planted along the side lot line and there are
several small, invasive, exotic Brazilian Pepper trees on the lot. There are several native, green
buttonwood trees along the fence line between Lots 5 and 6 near the shoreline. A mangrove fringe
skirts the sculpted boat basin.
This parcel is within a platted subdivision that is serviced by public utilities. The parcels are not
recognized habitat to any federal or state listed animal species and are not within C.A.R.L. or a
critical habitat area The parcels fall within the VE 15 through AE 8 flood zones per FIRM panel
1011G, effective date July 16, 1995.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
Sheet 258 of the 1985 Existing Conditions Aerials shows the vegetation code to be 740, which
indicates that the site is disturbed. A 0.2 Open Space Ratio is required in accordance with Section
9.5-343 of the Land Development Regulations.
Neighboring Land Uses and Character:
Though zoned Suburban Commercial (SC), the
Seaside Re-Subdivision is primarily a residential
neighborhood, with approximately 50% of the lots
developed and the remaining 50% vacant. A range of
lots sizes accommodate a variety of housing types
including tiny concrete bunker-style houses, and
elevated wood frame or concrete structures. Homes
immediately adjacent to the subject properties are
shown in these photos.
Figure 3. Tract 1 Across Seaview Boulevard
[~~~ ~,' ~,:;.,~,.'" .~
... ;'f'rf" _. "" _;-.';.=,...
~~--.
Figure 4. Lot 4 Adjacent to Subject Properties
Figure 5. Lot 7 Adjacent to Subject Properties
Map Amendment From se to IS
File #M99143
4
One commercial development, Snappers Fresh Seafood Restaurant and Marina is located three
properties to the northwest of the subject properties, with a buffer of two vacant lots between the
restaurant and the residence on the property adjacent to the subject properties. Several vacant lots
across the road from the restaurant provide parking for Snappers patrons. The remainder of the
street is residential.
ZONING AND LAND USE HISTORY
Pre-1986 Zoning:
The pre-1986 zoning for the subject properties was RU-l, Single Family Residential. This zoning
applied to all but four properties in what are now the Seaside and Seaside Re-Subdivision, and parts
of Richard Park subdivision. This zoning district was intended to provide residential areas
consisting of lots having an area of at least eight thousand (8,000) square feet. Permanent single
family dwellings, parks and playgrounds were permitted, along with accessory uses and specially
permitted uses such as churches, public utilities and social centers,
Considerations During the 1986 Comprehensive Plan Process:
During the 1986 Comprehensive Plan process, the owners of the Snapper Creek Trading Company
requested that seven properties in their ownership retain Improved Subdivision (IS) status on the
parcels. This was agreed to by the Board of County Commissioners,
The 1986 Plan resulted in approximately a 50:50 ratio of Suburban Commercial (SC) and Improved
Subdivision District (IS) zoning districts dividing the Seaside and Seaside Re-Subdivision.
Considerations During the 2010 Comprehensive Plan Process:
During the 2010 Comprehensive Plan process, the Future Land Use category Mixed Use
Commercial (MC) was applied to the subject properties, following the existing zoning,
Changes to Boundary Considerations Since 1986:
Seaview Boulevard, in general, serves as the zoning district boundary between Suburban
Commercial (SC) zoning to the south and Improved Subdivision (IS) zoning to the north.
There have been several boundary changes and re-zonings in the vicinity of the subject properties
since the Pattison maps were adopted in 1986. These maps went to Public Hearings between 1986
and 1988 to identify errors brought fOIWard by property owners, As a result of these hearings, one
boundary change was approved by the Board of County Commissioners in June 1988. This change
pertains to Lot 7, adjacent to Lot 6 of the subject properties, whereby the boundaries were amended
to remove the property from the Surburban Commercial (SC) zoning district and include it in the
Improved Subdivision (IS) zoning district.
A second interpretation was made in December 1988, by Assistant County Administrator for the
Growth Management Division, which resulted in a determination that a mapping error led to a small
portion of Seaside and Seaside Re-subdivision to the east of Ocean View Boulevard being
Map Amendment From se to IS
File #M99143
5
incorrectly zoned Improved Subdivison (IS). These properties were included in the Suburban
Commercial (SC) zoning district in September 1991.
ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b):
Changed Projections or Assumptions: None.
Data Errors: None.
New Issues: None,
Recognition of a Need for Additional Detail or Comprehensiveness:
According to the applicant, there are three reasons for requesting a rezoning of the subject
properties. These reasons are:
1. This property in the past has been granted a building permit for a single family
residence, The construction of the residence was started but upon completing a
portion of the structure, the owner allowed the permit to elapse.
2. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS)
and has a single family home on it. Lot 7 to the northeast of the subject properties
has had a map amendment change and is now zoned IS.
3. The subject properties are located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
The client's first statement is accurate to a degree. The only permit on record was issued in 1981.
This building was never constructed. There are no active permits on file with the Monroe County
Building Department, or any record of a ROGO application having been made to construct the
foundation. An examination of aerial photographs shows the existing foundation for the first time
in 1997.
The client's second statement is inaccurate in that Lot 4 is not zoned Improved Subdivision (IS), but
remains Suburban Commercial (SC), and therefore the existing single family residence on the lot is
non-conforming as to use.
IMPACT AND POLICY ANALYSIS
Comparison of Development Potential For the Current and Proposed Land Uses:
1. Cu"ent Land Development Regulations (LDR's)
The current Future Land Use Map category for the subject properties is Mixed Use Commercial
(MC). Policy 101.4.5 of the Monroe County Year 2010 Plan Policy Document states that:
Map Amendment From SC to IS
File #M99143
6
The principle pwpose of the Mixed Use/Commercial land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail and office may
be pennitted at intensities which are consistent with the community character and the natural
environment. Employee housing and commercial apartments are also allowed.
This land use category is also intended to allow for the establishment of mixed use development
patterns, where appropriate, Various types of residential and non-residential uses may be pennitted;
however, heavy industrial uses and similarly incompatIble uses shall be prohibited.
The current zoning for the subject properties is Sub Urban Commercial (SC), described in the
LDR's as follows:
Section 9.5-206
The pwpose of the Sub Urban Commercial (SC) zoning district is to establish areas for commercial
uses designed and intended primarily to serve the needs of the immediate planning area in which they
are located, This district should be established at locations convenient and accessible to residential
areas without use of U.S. 1.
Allowable uses under Section 9.5-235, Sub Urban Commercial District, pertinent to the text
amendment include:
· commercial retail, low- and medium-intensity and office uses or any combination thereof of less
than twenty-five hundred (2,500) square feet of floor area;
· institutional residential uses, involving less than ten (10) dwelling units or rooms;
· commercial apartments involving less than six (6) dwelling units in conjunction with permitted
commercial use;
· commercial recreational uses limited to:
a. bowling alleys
b. tennis and racquet ball courts
c, miniature golf and driving ranges
d. theaters
e. health clubs and
f. swimming pools;
· institutional uses;
· public buildings and uses;
· accessory uses;
· storage areas; and
· vacation rental use if a special vacation rental permit is obtained.
Uses permitted as minor conditional uses include:
· commercial retail of low and medium intensity and office uses;
· commercial retail uses of high intensity;
· institutional residential uses involving ten (10) to twenty (20) dwelling units;
· commercial apartments involving more than six (6) dwelling units in conjooction with a
permitted commercial use;
· hotels of fewer than twenty-five (25) rooms;
· campgrounds;
· light industrial uses; and
· parks and community parks.
Uses permitted as major conditional uses include:
· commercial retail of low- and medium-intensity and office uses;
· commercial retail uses of high intensity;
Map Amendment From SC to IS
File #M99l43
7
· institutional residential uses involving twenty (20) or more dwelling units or rooms;
· hotels providing twenty-five (25) or more rooms;
· marinas;
· rnariculture; and
· heliports.
2. Potential Land Uses With Proposed Map Amendment
The proposed Future Land Use Map category for the subject properties is Residential Medium
(RM), Policy 101.4.3 of the Monroe County Year 2010 Plan Policy Document states that:
The principle purpose of the Residential Medium (RL) land use category is to recognize those
portions of subdivisions that were lawfully established and improved prior to the adoption of this plan
and to defme improved subdivisions as those lots served by a dedicated and accepted existing
roadway, have an approved potable water supply, and have sufficient uplands to accommodate the
residential uses.
The Residential Medium (RM) Future Land Use category corresponds with only on land use
(zoning) district, Improved Subdivision (IS), which is described in the LDR's as follows:
Section 9.5-213
The purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested
residential development rights of the owners of lots in subdivisions that were lawfully established and
improved prior to the adoption of this chapter, For the purpose of this section, improved lots are those
which are served by a dedicated and accepted existing road of porous or nonporous material, that have
a Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient uplands to
accommodated the proposed use in accordance with the required setbacks.
Allowable uses under Section 9.5-242, Improved Subdivision District include detached dwellings
of all types.
Uses permitted as minor conditional uses include:
· parks and community parks;
· public parks; and
· schools,
Compatibility With Adjacent Land Uses and Effects on Community Character:
The Monroe County Land Development Regulations address this issue with Section 9.5-511 of the
LDR's prohibits any amendments which would negatively impact community character.
The proposed map amendment will not result in a conflict with the character of the surrounding
community based on the following findings:
Density and Intensity
The proposed rezoning will result in a decrease in the development potential of the subject
properties, Both the intensity and the density of allowable uses will be reduced. Whereas
commercial retail, institutional residential and mixed use developments including commercial retail
in combination with apartments are permitted in the Sub Urban Commercial (SC) zoning district,
Map Amendment From SC to IS
File #M99I43
8
single family homes are the only structures permitted in the Improved Subdivision (IS) zoning
district.
Densities will be reduced as follows:
Land Use District
Suburban eommercial
Improved Subdivision
Allocated Density
(du/acre)
3.0
1 per lot
Maximum Net Density
(DUlBuildable Area)
6,0
1 per lot
Currently, SC zoning has an allocated density of three (3) dwelling units per acre. However, the
dwelling units could only be considered as an accessory to a principle commercial use, which first
must be established.
Use Compatibility
Rezoning of the subject properties to a zoning district which permits a single family residence
would ensure harmonization of land uses in the neighborhood should construction be permitted.
Commercial uses on the property would no longer be permitted, thus protecting this residential
neighborhood from potential associated nuisances such as traffic, noise or odor impacts, The
rezoning would also bring these properties into synchronization with the zoning scheme of the
surrounding parcels, which are already Improved Subdivision (IS), creating greater consistency on
this residential block, and improve opportunities for successful integration with the land uses of the
surrounding properties, should development be approved.
Local Traffic and Parking
Seaview Boulevard serves as a local collector road to this block of properties, It does not extend
through to Wendy Lane as shown on the Land Use District map, but rather terminates at vacant lots
that are within 150 feet to the southwest of the subject properties, Through trips are not possible,
and traffic is restricted to locally-generated traffic only. Therefore, the effects of one additional
potential residential unit on the neighborhood would be negligible, Similarly, parking in the
neighborhood is contained on-site, with the exception of Snappers restaurant which has dedicated
several lots for the purpose. Parking would not be an issue at all given a rezoning as parking would
be accommodated on the subject properties.
Effects on Natural Resources:
Goal 102 of the 20 I 0 Plan states that Monroe County shall direct future growth to lands which are
intrinsically most suitable for development and shall encourage conservation and protection of
environmentally sensitive lands,
A site visit to the subject properties by Sandra Lee, Upper Keys Biologist, on October 26, 1999,
shows that rezoning the properties from Sub Urban Commercial (SC) to Improved Subdivision (IS)
will not have any negative effects on the habitat of the subject properties as they are scarified with
minimal amounts of native vegetation, and classified as disturbed.
Map Amendment From SC to IS
File #M99143
9
Effects on Public Facilities:
Objeetive 101.11 of the 2010 Plan reqnires the County to direct future growth away from
environmentally sensitive land and towards established development areas served by existing pnblic
facilities. The proposed land use change supports Objective 10 I. I I based on the fOllowing fmdiogs
of the 1999 Public Facilities Capacity Assessment Report and the listed programs on stollDwater
and wastewater:
Traffic Circulation
U.S. Highway No. I is reqnired to maintain a level of service (LOS) of C in order to support
additional development The LOS for MM 95 which serves this location is A, which is adequate to
serve existing and proposed uses. This level of service will not be significantly affected by
allowing a change in zoning from Snbnrban Commercial (SC) to Improved Subdivision (IS)
Access to U.S. Highway I from the Subject properties is by way of Seaside Avenue and Ocean
View Boulevard. Vehicular traffic associated with the pennitted uses of the subject properties after
rezoning as proposed, will be significantly less than the potential under the Current zoning. This
will reduce potential for impacts created by local traffic and parking in this residential
neighborhood.
Solid Waste
The existing solid waste haul out contract will provide Monroe County with gnaranteed capacity to
2006. The proposed land use change is not expected to have a significant effect on solid waster
generation or removal.
Potable Water
The Florida Keys Aqneduct Authority's existing consumptive use pellDit authorizes the withdrawal
of sufficient quantities to meet the demand anticipated for the remainder of 1999. The proposed
land use change is not anticipated to have a significant effect on potable water withdrawals.
Stormwater
It is unlikely that a net increase in stollDwater runoff could result from this land use change as
Section 9.5-293 of the Land Development Regnlations requires that all developments retain
stonnwater on site following Best Management Practices (BMP's). Also, pursuant to Poliey
101.1.1, all projects shall be designed so that the diSCharges will meet Florida State Water Quality
Standards.
Compliance review for these sections is detennined by the Environmental Resources Department
and the Department of Health and occurs at the time a development pennit has been filed. In
addition, Monroe County and the South Florida Watee Management DistriCt acting in accordance
with Governor Chiles' Executive Order No. 96-108, have developed an agreement for the
development of a Stormwater Management Master Plan.
In this regard, no negative effects from the proposal are anticipated.
Map Amendment From se to IS
File #M99143
10
Effects on Redevelopment/Infill Potential:
Goal 102 of the 20 I 0 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} 02 as the
subject properties are disturbed.
FINDINGS OF FACT
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
2. This map amendment recognizes a need for additional detail or comprehensiveness in planning.
The application was initiated by the applicant to rezone the subject properties to a land use
district that permits the construction of a single family residence. Single family homes are
found adjacent to the subject property on all sides but the Atlantic Ocean frontage, in a
neighborhood where the predominant character is single family residential.
3. The pre-1986 zoning of the subject properties was Single Family Residential (RU-l).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Suburban Commercial (SC).
5. The purpose of the Suburban Commercial (SC) zoning district is to establish areas for
commercial uses designed and intended primarily to serve the needs of the immediate planning
area in which they are located.
6. The Future Land Use Map of the Monroe County Year 20} 0 Comprehensive Plan followed the
land use (zoning) district boundaries, categorizing the FLUM for the subject properties Mixed
Use Commercial (MC) ,
7. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
Mixed Use Commercial (MC) Future Land Use category is to provide for the establishment of
commercial zoning districts where various types of commercial retail. Office uses, employee
housing and commercial apartments may also be permitted.
8. Section 9.5-511 prohibits any map amendments which would negatively impact community
character.
9. The subject properties are bordered predominantly by an Improved Subdivsion (IS) land use
district to the north and the east, and the Atlantic Ocean to the south.
} O. Section 9.5-213 states that the purpose of the Improved Subdivision (IS) zoning district is to
accommodate the legally vested rights in subdivisions that were lawfully established and
improved prior to the adoption of this chapter.
Map Amendment From SC to IS
File #M99l43
11
11, The single family homes found on the all of the properties surrounding the subject properties,
and residential nature of the surrounding neighborhood are reflective of purpose of the
Improved Subdivision (IS) land use district.
12. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached
dwellings of all types, and therefore is the most applicable zoning district designation for the
subject properties that will protect the residential nature of the community, should construction
be permitted.
13. The Residential Medium (RM) Future Land Use category corresponds with only one land use
(zoning) district, Improved Subdivision (IS).
14, Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land
use category for the subject properties,
15. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
16. The 1999 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities,
17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
18. The proposed map amendment supports Goal 102 as the habitat of the subject properties was
found to be already disturbed, therefore no negative impacts on the natural resources of the
subject properties are anticipated,
19. The proposed map amendment supports Goal 102 as it reduces, rather than increases the
development potential of the subject properties.
CONCLUSIONS OF LAW
1. This text amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of
Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively
impact or alter the character of the subject properties or of the Seaside and Seaside Re-
subdivision neighborhood.
2. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010
Plan based on the findings of the 1999 Public Facilities Capacity Assessment Report and the
listed programs on stomiwater and wastewater. There are no significant concerns regarding
impacts on public facilities.
Map Amendment From SC to IS
File #M99l43
12
3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County
Year 20 I 0 Comprehensive Plan as it will not have any significant impacts on the natural
environment, and will facilitate infill in an already developed residential neighborhood.
RECOMMENDATION
Based on the above Findings of Fact and Conclusions of Law, the Planning and Environmental
Resources Departments, the Development Review Committee and the Planning Commission
recommend APPROVAL to the Board of County Commissioners of the proposed Future Land Use
Map amendment from Mixed Use Commercial (MC) to Residential Medium (RM) and the
proposed Official Land Use District Map amendment from Sub Urban Commercial (SC) to
Improved Subdivision (IS).
Map Amendment From se to IS
File #M99143
13
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M M: 95
Pro osal: Lots 5 and 6 to RM
Property Description: Lots 5 and 6 and Adjacent Bay Bottom. Block 5
Re-Sub Seaside
Applicant Name:
Map #: 2
Clinton E. Miller
File Number : M99143
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Key: Largo
M M: 95
Proposal: Lots 5 and 6 and Adjacent Bay Bottom, Block 5. Re-Sub
Seaside to IS
Property Description: Lots 5 & 6 and Adjacent Bay Bottom. Block 5.
Seaside Re-Sub
1 "=400' I
Applicant Name:
Map #: 145
Clinton E Miller
File Number
M99143
The Transmittal Resolution
# 199-2000
From a regular BOCC meeting
held on May 17, 2000
Miller Property - Seaside Resubdivision
File # M99143
~;.i i
f
FILED FOR RECORD
RESOLUTION NO. 199 -2000 DO JUN -5 PH 2: 59
A RESOLUTION BY mE MO~~OE COUNfY BOARD OpA
COMMISSIONERS TRANSlWTI1N'G TO TIIE FLORIDA DEP
COMMUNITY AFFAIRS mE REQUEST BY TIIE PLANNING
ENVIRONMENTAL RESOURCES DEPARTMENT TO CHANGE THE FUTURE
LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM
(RM) FOR PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT BAY
BOITOM, RE-SUB SEASIDE SUBDMSION, KEY LARGO, LOCATED IN
SECTION 14, TOWNSHIP 62, RANGE 38, AT APPROXIMATELY MILE
MARKER 94.5, HAVING THE REAL ESTATE IDENTIFICATION NUMBERS
00492380-000000,00492390-000000 AND 00088780-000000.
. WHEREAS, the Monroe County Board of County Commissioners held a public hearing
for the purposes of considering the transmittal to the Florida Department of Community Affairs
for review and comment of a proposed amendment to the Future Land Use Map of the Monroe
County Year 2010 Comprehensive Plan, changing the future land use designation of the
properties described above; and
n' .D.J!..lU!.&:), Ult: r lanwng \.,OInlDlSSIon ana Ute Monroe County Board of County
Commissioners support the requested future land use designation change;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendations of the
Planning Commission pursuant to the attached draft ordinance (marked as Exhibit 1) for
adoption of the proposed Future Land Use Map amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed amendment
as jJart of the second (2nd) set of comprehensive plan amendments for 2000 to the Florida
Department of Community Affairs for review and comment in accordance with the provisions of
Sections 163.3184 and 380.0552, Florida Sta~tes; and
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in accordance with the
requirements of9J-ll.006 of the Florida Administrative Code; and
Transmittal Resolution #M99143
page I of2
Initials
Section '!,. . The Clerk of the Board i. hereby directed to f<>nvanl a cenified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioner.; of Monroe County,
Florida, at a regular meeting held on the ~ of May . 2000.
Transmittal Resolution #M99143
page 2 of2
Mayor Freeman
Mayor Pro rem Neugent'
COmmissioner Harvey -
COmmissioner Williams
COmmissioner Reich
.y8S
y~~
'yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
:: MO O~COjt:::~
~"""'...""J III "'""........
Initials
J
PLANNING COMMISSION
RESOLUTIONS P17-00 and P1S-00
From the regular meeting held on
April 12, 2000
PC RESOLUTION NO. P17-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE
BOARD OF COUNTY COMMISSIONERS OF THE REQUEST
BY CLINTON MILLER TO AMEND THE FUTURE LAND
USE MAP FROM MIXED USE COMMERCIAL (MC) TO
RESIDENTIAL MEDIUM (RM) FOR PROPERTIES
DESCRIBED AS LOTS 5 & 6 AND ADJACENT BA Y
BOTIOM, RE-SUB SEASIDE SUBDIVISION, KEY LARGO,
LOCATED IN SECTION 14, TOWNSHIP 62, RANGE 38, AT
APPROXIMA TEL Y MILE MARKER 94.5.
WHEREAS, the Monroe County Planning Commission, during a regular meeting held on
February 23, 2000, conducted a review and consideration of the request filed by the applicant's
agent to amend the Future Land Use Map from Mixed Use Commercial (MC) to Residential
Medium (RM) for properties located on Seaside Avenue in Re-sub Seaside Subdivision, Section 14,
Township 62, Range 38, Monroe County, Florida, having the real estate identification numbers
00492380-000000, 00492390-000000 and 00088780-000000.
WHEREAS, the Planning Commission examined the following information:
1. The application from the applicant's agent, Gay Marie Smith, to change the Future
Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM); and
2. The staff report prepared by Ann Murphy, Comprehensive Planner and Sandra Lee, Upper Keys
Biologist, dated January 17, 2000; and
3. The Development Review Committee, reviewed the application at its January 20, 2000 meeting
in Marathon and voted in support of this application; and
WHEREAS, the Planning Commission made the following Findings of Fact:
1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the Land Development Regulations and the Future Land Use Map.
2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
PC Resolution 17-00 to Amend FLUM
File M#99143
Page 1 of4
3. This map amendment has been initiated by the property owner to address the recognition of a
need for additional detail or comprehensiveness. The applicants' agent, Gay Marie Smith,
listed the following reasons for requesting a rezoning of the subject properties:
i. These properties in the past have been granted a building permit for a single family
residence.
The construction of the residence was started but upon completing a portion of the
structure, the owner allowed the permit to elapse
11. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS) and
has a single family home on it. Lot 7 to the northeast of the subject properties has had a
map amendment change and is now also zoned IS.
lll. The subject properties are located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
4. The Planning Department's review of this map amendment indicate that the fIrst two additional
detail items (i. & ii.) raised by the applicants' agent are not entirely accurate. There are no
active permits on fIle with the Monroe County Building Department, or any record of a ROGO
application having been made to construct the foundation. Lot 4 to the southwest of the subject
properties is actually zoned Suburban Commercial (SC), not Improved Subdivision (IS).
However, The subject properties ARE located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
5. The subject properties currently have the Future Land Use category Mixed Use Commercial
(MC) which provides for the establishment of commercial zoning districts where various types
of commercial retail and office uses may be permitted.
6. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use
category Mixed Use Commercial (MC) was applied to the subject properties, following the
existing zoning. Seaview Boulevard, which bisects Seaside Avenue (the street on to which the
subject properties front), serves as the zoning district boundary between Suburban Commercial
(SC) zoning to the south and Improved Subdivision (IS) zoning to the north.
There have been several boundary changes and re-zonings in the vicinity of the subject
properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings
between 1986 and 1988 to identify errors brought forward by property owners. As a result of
these hearings, one boundary change was approved by the Board of County Commissioners in
June 1988. This change pertains to Lot 7, adjacent to Lot 6 of the subject properties, whereby
the boundaries were amended to remove the property from the Surburban Commercial (SC)
zoning district and include it in the Improved Subdivision (IS) zoning district.
A second interpretation was made in December 1988, by Assistant County Administrator for the
Growth Management Division, which resulted in a determination that a mapping error led to a
small portion of Seaside and Seaside Re-subdivision to the east of Ocean View Boulevard being
incorrectly zoned Improved Subdivison (IS). These properties were included in the Suburban
Commercial (SC) zoning district in September 1991.
pe Resolution 17-00 to Amend FLUM
File M#99 143
Page 2 of 4
7. Policy 101.4.4 states that the purpose of the Residential Medium (RM) land use category is to
recognize those portions of subdivisions that were lawfully established and improved prior to
the adoption of this plan and to define improved subdivisions as those lots served by a dedicated
and accepted existing roadway, have an approved potable water supply, and have sufficient
uplands to accommodate the residential uses. Development on vacant land within this land use
category shall be limited to one residential dwelling unit for each such platted lot or parcel
which existed at the time of plan adoption.
8. Though FLUMed Mixed Use Commercial (Me), the Seaside Re-Subdivision is primarily a
residential neighborhood, with approximately 50% of the lots developed and the remaining
50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina is
located three properties to the northwest of the subject properties, with a buffer of two vacant
lots between the restaurant and the residence on the property adjacent to the subject properties.
Several vacant lots across the road from the restaurant provide parking for Snappers patrons.
The remainder of the street is residential.
9. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate
land use category for the subject properties.
10. Section 9.5-511 prohibits any amendments to the text which would negatively impact
community character.
11. The subject properties are already fully built out but for three properties. Changing the Future
Land Use Map will encourage more efficient use of these properties than is currently pennitted,
in keeping with the character of existing adjacent land uses.
12. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on
stonnwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
14. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which
are intrinsically most suitable for development and shall encourage conservation and protection
of environmentally sensitive lands.
15. The proposed map amendment supports Goal 102 as the habitat of the subject properties was
found to be already disturbed, therefore no negative impacts on the natural resources of the
subject properties are anticipated.
pe Resolution 17-00 to Amend FLUM
File M#99 143
Page 3 of4
WHEREAS, the Planning Commission made the following Conclusions:
1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of
Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively
impact or alter the character of the subject properties or of the Anglers Park North
neighborhood.
2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it provides a
mechanism for the subject properties to come into conformance.
3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010
Plan based on the findings of the 1998 Public Facilities Capacity Assessment Report and the
listed programs on stormwater and wastewater. There are no significant concerns regarding
impacts on public facilities.
4. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural
environment, will facilitate infill in an already developed neighborhood, will enable
redevelopment of existing apartment buildings that were constructed in the 1970's and will
enable more expeditious reconstruction in the event of destruction of the buildings, by
facilitating easier access to building permits.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions support
its decision to recommend to the Board of County Commissioners APPROVAL of the request filed
by the applicant's agent to change the Future Land Use Map from Mixed Use Commercial (MC) to
Residential Medium (RM) for properties located on Seaside A venue in Re-sub Seaside Subdivision,
Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate identification
numbers 00492380-000000, 00492390-000000 and 00088780-000000.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a
regular meeting held on the 23rd of February, 2000.
Chair Mapes YES
Commissioner Werling YES
Commissioner Stuart YES
Commissioner Marr YES
Commissioner Hill YES
Signed this
IA-fhday of ~~
PLANNING COMMISSION OF
MON.R O,p COUNTY\ FLORIDA
. /U
BY \_^"~ ('. .IIV1.. /.:-r(
OJ Lynn Mapes, Chail\
\~VEDA~
rND!:Ca Y
V' Attorney's Office ~
BY
, 2000.
\)
pe Resolution 17-00 to Amend FLUM
File M#99 143
Page 4 of 4
Initials
PC RESOLUTION NO. PI8-00
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE
BOARD OF COUNTY COMMISSIONERS OF THE REQUEST
BY CLINTON MILLER TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM SUBURBAN
COMMERCIAL (SC) TO IMPROVED SUBDIVISION (IS) FOR
PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT
BAY BOTIOM, RE-SUB SEASIDE SUBDIVISION, KEY
LARGO, LOCATED IN SECTION 14, TOWNSHIP 62, RANGE
38, AT APPROXIMATELY MILE MARKER 94.5.
WHEREAS, the Monroe County Planning Commission, during a regular meeting held
on February 23, 2000, conducted a review and consideration of the request filed by the
applicants' agent to amend the zoning map from Suburban Commercial (SC) to Improved
Subdivision (IS) for properties located on Seaside Avenue in Re-sub Seaside Subdivision,
Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate
identification numbers 00492380-000000, 00492390-000000 and 00088780-000000.
WHEREAS, the Planning Commission examined the following information:
1. The application from Monroe County to change the Land Use District (zoning)
map from Suburban Commercial (SC) to Improved Subdivision (IS); and
2. The staff report prepared by Ann Murphy, Comprehensive Planner and Sandra Lee, Upper
Keys Biologist, dated January 17,2000; and
3. The Development Review Committee, reviewed the application at its January 20, 2000
meeting in Marathon and voted in support of this application; and
WHEREAS, the Planning Commission made the following Findings of Fact:
1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the Land Development Regulations and the Future Land Use Map.
2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
pe Resolution 18-00 to Amend Zoning Map Page 1 of 4
File M#99l43
3. This map amendment has been initiated by the property owner to address the recognition of
a need for additional detail or comprehensiveness. The applicants' agent, Gay Marie
Smith, listed the following reasons for requesting a rezoning of the subject properties:
i. These properties in the past have been granted a building permit for a single family
residence.
The construction of the residence was started but upon completing a portion of the
structure, the owner allowed the permit to elapse
11. Lot 4 to the southwest of the subject properties is zoned Improved Subdivision (IS)
and has a single family home on it. Lot 7 to the northeast of the subject properties
has had a map amendment change and is now also zoned IS.
lll. The subject properties are located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
4. The Planning Department's review of this map amendment indicate that the first two
additional detail items (i. & ii.) raised by the applicants' agent are not entirely accurate.
There are no active permits on file with the Monroe County Building Department, or any
record of a ROGO application having been made to construct the foundation. Lot 4 to the
southwest of the subject properties is actually zoned Suburban Commercial (SC), not
Improved Subdivision (IS). However, The subject properties ARE located in a residential
neighborhood with only one commercial enterprise, Snapper's restaurant, located down the
street.
5. The subject properties currently have the mapping category Suburban Commercial (sq,
which does not allow single family homes.
6. The purpose of the Sub Urban Commercial (SC) zoning district is to establish areas for
commercial uses designed and intended primarily to serve the needs of the immediate
planning area in which they are located. This district should be established at locations
convenient and accessible to residential areas without use of U.S. I.
7. The purpose of the Improved Subdivision (IS) zoning district is to accommodate the
legally vested residential development rights of the owners of lots in subdivisions that
were lawfully established and improved prior to the adoption of this chapter, For the
purpose of this section, improved lots are those which are served by a dedicated and
accepted existing road of porous or nonporous material, that have a Florida Keys
Aqueduct Authority approved potable water supply, and that have sufficient uplands
to accommodated the proposed use in accordance with the required setbacks.
8. Though zoned Suburban Commercial (SC), the Seaside Re-Subdivision is primarily a
residential neighborhood, with approximately 50% of the lots developed and the remaining
50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina
is located three properties to the northwest of the subject properties, with a buffer of tWo
vacant lots between the restaurant and the residence on the property adjacent to the subject
properties. Several vacant lots across the road from the restaurant provide parking for
Snappers patrons. The remainder of the street is residential.
pe Resolution 18-00 to Amend Zoning Map Page 2 of 4
File M#99l43
, .
9. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate
zoning map category for the subject properties.
10. Section 9.5-511 prohibits any amendments to the text which would negatively impact
community character.
11. The subject properties are already fully built out but for three properties. Changing the
zoning map will encourage more efficient use of these properties than is currently permitted,
in keeping with the character of existing adjacent land uses.
12. Objective 101.11 states that Monroe County shall ensure that at the time a development
permit is issued, adequate public facilities are available to serve the development at the
adopted level of service standards concurrent with the impacts of such development.
13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on
stonnwater and wastewater indicates that there are no significant concerns regarding impacts
on public facilities.
14. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands
which are intrinsically most suitable for development and shall encourage conservation and
protection of environmentally sensitive lands.
IS. The proposed zoning map amendment supports Goal 102 as the habitat of the subject
properties was found to be already disturbed, therefore no negative impacts on the natural
resources of the subject properties are anticipated; and
WHEREAS, the Planning Commission made the following Conclusions:
1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements
of Section 9.5-218 of the Monroe County Land Development Regulations and will not
negatively impact or alter the character of the subject properties or of the Anglers Park North
neighborhood.
2. The proposed zoning map amendment meets Objective 101.8 m that it provides a
mechanism for the subject properties to come into confonnance.
3. The proposed zoning map amendment supports Objective 101.11 of the Monroe County
Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity Assessment
Report and the listed programs on stonnwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
4. The proposed zoning map amendment supports and is consistent with Goal 102 of the
Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on
the natural environment, will facilitate infill in an already developed neighborhood, will
enable redevelopment of existing apartment buildings that were constructed in the 1970's and
pe Resolution 18-00 to Amend Zoning Map Page 3 of 4
File M#99 143
" .
will enable more expeditious reconstruction in the event of destruction of the buildings, by
facilitating easier access to building pennits.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions
support its decision to recommend to the Board of County Commissioners APPROV AL of the
request filed by the applicant's agent to change the zoning map from Suburban Commercial
(SC) to Improved Subdivision (IS) for properties located on Seaside A venue in Re-sub Seaside
Subdivision, Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate
identification numbers 00492380-000000, 00492390-000000 and 00088780-000000.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at
a regular meeting held on the 23rd of February, 2000.
Chair Mapes YES
Commissioner Werling YES
Commissioner Stuart YES
Commissioner Marr YES
Commissioner Hill YES
f'
PLANNING COMMISSION OF
MONROEpOUNT ,FLORIDA
BY IJ
Signed this
--+tv
I~ day of
, 2000.
\J
BY
pe Resolution 18-00 to Amend Zoning Map Page 4 of 4
File M#99l43
Initials
DEVELOPMENT REVIEW COMMITTEE
RESOLUTIONS
001-00 AND 002-00
From a regular meeting held on
January 20, 2000
DRC RESOLUTION NO. DOI-OO
A . RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL TO THE PLANNING COMMISSION OF THE
REQUEST BY CLINTON Mll..LER TO AMEND THE
FUTURE LAND USE MAP FROM MIXED USE
COMMERCIAL (MC) TO. RESIDENTIAL MEDIUM (RM)
FOR PROPERTIES DESCRIBED AS LOTS 5 & 6 AND
ADJACENT BA Y BOTTOM, RE-SUB SEASIDE
SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14,
TOWNSHIP 62, RANGE 38, AT APPROXIMA TEL Y Mll..E
MARKER 94.5.
WHEREAS, the Monroe County Development Review Committee, during a regular
meeting held on January 20, 2000, conducted a review and. consideration of the request filed by
applicants' agent to amend the Future Land Use Map from Mixed Use Commercial (MC) to
Residential Medium (RM) for properties located on Seaside A venue in Re-sub Seaside Subdivision,
Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate identification
numbers 00492380-000000, 00492390-000000 and 00088780-000000.
WHEREAS, the Development Review Committee examined the following
information:
1. The application from the applicants' agent, Gay Marie Smith, to change the Future
Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM); and
2. The staff report prepared by Ann Murphy, Comprehensive Planner and Sandra Lee, Upper Keys
Biologist, dated January 17,2000; and
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.
DRe Resolution to Amend FLUM
File M#99143
Page I of 4
Initials .!f4.
3. This map amendment has been initiated hy the property owner to address the recognitinn of a
need for additional detail or eomprehensiveness. The applicants' agent, Gay Marie Smith,
listed the following reasons for requesting a rezoning of the subject properties:
i. These properties in the past have been granted a bUilding permit for a single family
residence.
The construction of the residence was started but upon completing a pOrtion of the
structure, the owner allowed the permit to elapse
11. Lot 4 to the sonthwest of the subject properties is zoned Improved SUbdivision (IS) and
has a single family home on it. Lot 7 to the northeast of the subject properties has had a
map amendment change and is now also zoned IS.
IlL The subject properties are located in a residential neighborhOOd with only one
commercial enterprise, Snapper's restaurant, located down the street.
4. The Planning Department's review of this map amendment indicate that the first two additional
detail items (i. & ii.) raised by the applicants' agent are not entirely aCCurate. There are no
active permits on file with the Monroe County Building Department, or any record of a ROGO
application having been made to construct the foundation. Lot 4 to the southwest of the snbject
properties is actually zoned Snburban Commercial (sq, not Improved Subdivision (IS).
However, The subject properties ARE located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
5. The subject properties currently have the Future Land Use category Mixed Use Commereial
(MC) which provides for the establiShment of commercial zoning districts where various types
of commercial retail and office uses may be permitted.
6. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use
category Mixed Use Commereial (MC) was applied to the subject properties, fOllOWing the
existing zoning. Seaview Boulevard, which bisects Seaside A venue (the street on to which the
subject properties front), serves as the zoning district boundary between Suburban Commercial
(SC) zoning to the south and Improved Subdivision (IS) zoning to the north.
There have been several boundary changes and re-zonings in the vicinity of the subject
properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings
between 1986 and 1988 to identify errors brought forward by property OWners. As a result of
these hearings, one boundary change was approved by the Board of County COmmissioners in
J nne 1988. This change pertains to Lot 7, adjacent to Lot 6 of the subject properties, whereby
the boundaries were amended to remove the property from the Surburban Commercial (sq
zoning district and include it in the Improved Subdivision (IS) zoning district.
A second interpretation was made in December I 988, by Assistant County Administrator for the
Growth Management Division, which resulted in a determination that a mapping error led to a
small portion of Seaside and Seaside Re-subdivision to the east of Ocean View Boulevard being
incorrectly zoned Improved Subdivison (IS). These properties were included in the Suburban
Commercial (SC) zoning district in September 1991.
DRe Resolution to Amend FLUM
File M#99143
Page 2 of 4
Initials -2.L
, '
7. Policy 101.4.4 states that the purpose of the Residential Medium (RM) land use category is to
recognize those portions of subdivisions that were lawfully established and improved prior to
the adoption of-this plan and to define improved subdivisions as those lots served by a dedicated
and accepted existing roadway, have an approved potable water supply, and have sufficient
uplands to accommodate the residential uses. Development on vacant land within this land use
category shall be limited to one residential dwelling unit for each such platted lot or parcel
which existed at the time of plan adoption.
8. Though FLUMed Mixed Use Commercial (MC), the Seaside Re-Subdivision is primarily a
residential neighborhood, with approximately 50% of the lots developed and the remaining
50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina is
located three properties to the northwest of the subject properties, with a buffer of two vacant
lots between the restaurant and the residence on the property adjacent to the subject properties.
Several vacant lots across the road from the restaurant provide parking for Snappers patrons.
The remainder of the street is residential.
9. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate
land use category for the subject properties.
10. Section 9.5-511 prohibits any amendments to the text which would negatively impact
community character.
11. The subject properties are already fully built out but for three properties. Changing the Future
Land Use Map will encourage more efficient use of these properties than is currently permitted,
in keeping with the character of existing adjacent land uses.
12. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
14. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which
are intrinsically most suitable for development and shall encourage conservation and protection
of environmentally sensitive lands.
15. The proposed map amendment supports Goal 102 as the habitat of the subject properties was
found to be already disturbed, therefore no negative impacts on the natural resources of the
subject properties are anticipated.
ORe Resolution to Amend PLUM
File M#99143
Page 3 of 4
Initials g
" .
WHEREAS, the Development Review Committee made the following Conclusions of Law:
1. This map amendment meets the 4th criteria outlined in Section 9.5-511 and the requirements of
Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively
impact or alter the character of the subject properties or of the Anglers Park North
neighborhood.
2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it provides a
mechanism for the subject properties to come into conformance.
3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010
Plan based on the findings of the 1998 Public Facilities Capacity Assessment Report and the
listed programs on stormwater and wastewater. There are no significant concerns regarding
impacts on public facilities.
4. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County
Year 20 I 0 Comprehensive Plan as it will not have any significant impacts on the natural
environment, will facilitate infill in an already developed neighborhood, will enable
redevelopment of existing apartment buildings that were constructed in the 1970' s and will
enable more expeditious reconstruction in the event of destruction of the buildings, by
facilitating easier access to building pennits.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the
Monroe County Planning Commission, the request filed by the applicants' agent to change the
Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM) for
properties located on Seaside Avenue in Re-sub Seaside Subdivision, Section 14, Township 62,
Range 38, Monroe County, Florida, having the real estate identification numbers 00492380-
000000, 00492390-000000 and 00088780-000000.-
PASSED AND ADOPTED by the Development Review Committee of Monroe County,
Florida, at a regular meeting held on the 20th of January, 2000.
Edward Koconis, DRC Chair
Ann Murphy, Comprehensive Planner
Ralph Gouldy, Senior Environmental Resources Planner
Department of Public Works
Department of Engineering
Department of Health
YES
YES
YES
YES
YES
YES
DEVELgpMENT ~YJEW C?MMmEE OF MONROE COUNTY
BY ~~L()gM-~~
Edward Koconis, DRC Chair
Signed this Ei!:Lday of 'F.eht l"r~
,2000,
ORe Resolution to Amend FLUM
File M#99143
Page 4 of 4
Initials ~
DRC RESOLUTION NO. D02-99
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL TO THE PLANNING COMMISSION OF THE
REQUEST BY CLINTON MILLER TO AMEND THE LAND
USE DISTRICT (ZONING) MAP FROM SUBURBAN
COMMERCIAL (SC) TO IMPROVED SUBDNISION (IS) FOR
PROPERTIES DESCRIBED AS LOTS 5 & 6 AND ADJACENT
BAY BOTTOM, RE-SUB SEASIDE SUBDNISION, KEY
LARGO, LOCATED IN SECTION 14, TOWNSHIP 62, RANGE
38, AT APPROXIMATELY MILE MARKER 94.5.
WHEREAS, the Monroe County Development Review Committee, during a regular
meeting held on January 20, 2000, conducted a review and consideration of the request filed by
by the applicants' agent to amend the zoning map from Suburban Commercial (SC) to Improved
Subdivision (IS) for properties located on Seaside Avenue in Re-sub Seaside Subdivision,
Section 14, Township 62, Range 38, Monroe County, Florida, having the real estate
identification numbers 00492380-00000o, 00492390-00000o and 00088780-00000o.
WHEREAS, the Development Review Committee examined the following
information:
1. The application from Monroe County to change the Land Use District (zoning)
map from Suburban Commercial (SC) to Improved Subdivision (IS); and
2. The staff report prepared by Ann Murphy, Comprehensive Planner and Sandra Lee, Upper
Keys Biologist, dated January 17,2000; and
Fact:
WHEREAS, the Development Review Committee made the following Findings of
1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe
County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the Land Development Regulations and the Future Land Use Map.
2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
DRe Resolution to Amend Zoning Map
File M#99l43
Page ] of 4
Initials !L.J;
3. This map amendment has been initiated by the property owner to address the recognition of
a need for additional detail or comprehensiveness. The applicants' agent, Gay Marie
Smith, listed the following reasons for requesting a rezoning of the subject properties:
i. These .properties in the past have been granted a building permit for a single family
residence.
The construction of the residence was started but upon completing a portion of the
structure, the owner allowed the permit to elapse
11. Lot 4 to the southwest of the subject properties is zoned hnproved Subdivision (IS)
and has a single family home on it. Lot 7 to the northeast of the subject properties
has had a map amendment change and is now also zoned IS.
111. The subject properties are located in a residential neighborhood with only one
commercial enterprise, Snapper's restaurant, located down the street.
4. The Planning Department's review of this map amendment indicate that the first two
additional detail items (i. & ii.) raised by the applicants' agent are not entirely accurate.
There are no active permits on file with the Monroe County Building Department, or any
record of a ROGO application having been made to construct the foundation. Lot 4 to the
southwest of the subject properties is actually zoned Suburban Commercial (SC), not
hnproved Subdivision (IS). However, The subject properties ARE located in a residential
neighborhood with only one commercial enterprise, Snapper's restaurant, located down the
street.
5. The subject properties currently have the mapping category Suburban Commercial (SC),
which does not allow single family homes.
6. The purpose of the Sub Urban Commercial (SC) zoning district is to establish areas for
commercial uses designed and intended primarily to serve the needs of the immediate
planning area in which they are located. This district should be established at locations
convenient and accessible to residential areas without use of U.S. 1.
7. The purpose of the Improved Subdivision (IS) zoning district is to accommodate the
legally vested residential development rights of the owners of lots in subdivisions that
were lawfully established and improved prior to the adoption of this chapter, For the
purpose of this section, improved lots are those which are served by a dedicated and
accepted existing road of porous or nonporous material, that have a Florida Keys
Aqueduct Authority approved potable water supply, and that have sufficient uplands
to accommodated the proposed use in accordance with the required setbacks.
8. Though zoned Suburban Commercial (SC), the Seaside Re-Subdivision is primarily a
residential neighborhood, with approximately 50% of the lots developed and the remaining
50% vacant. One commercial development, Snappers Fresh Seafood Restaurant and Marina
is located three properties to the northwest of the subject properties, with a buffer of two
vacant lots between the restaurant and the residence on the property adjacent to the subject
properties. Several vacant lots across the road from the restaurant provide parking for
Snappers patrons. The remainder of the street is residential.
ORe Resolution to Amend Zoning Map
File M#99l43
Page 2 of 4
Initials !l.J:.
9. Therefore, tbe Improved Subdivision (IS) zoning map category is tbe most appropriate
zoning map category for the subject properties.
10. Section 9.5-511 prohibits any amendments to the text whicb would negatively impact
community character.
11. The subject properties are already fully built out but for three properties. Cbanging the
zoning map will encourage more efficient use of tbese properties than is currently permitted,
in keeping with the character of existing adjacent land uses.
12. Objective 101.11 states that Monroe County sball ensUre that at the time a development
permit is issued, adequate public facilities are available to serve the development at the
adopted level of service standards concurrent with the impacts of such development.
13. Tbe 1998 Public FaciUties Capacity Assessment Report and the listed programs on
stonnwater and wastewater indicates that there are no significant concerns regarding impacts
on public facilities.
14. Goal 102 of the 2010 Plan states that Monroe County sball direct future growth to lands
which are intrinsically most suitable for development and shall encourage conservation and
protection of environmentally sensitive lands.
15. The Proposed zoning map amendment sUpports Goal 102 as the babitat of the subject
properties was found to be already disturbed, therefore no negative impacts on the natural
resources of the subject properties are anticipated; and
WHEREAS, the Development Review COmmittee made the following Conclusions of Law:
1. This map amendment meets the 4'" criteria outlined in Section 9.5-511 and tbe requirements
of Section 9.5-218 of the Monroe County Land Development Regulations and will not
negatively impact or alter the character of the subject properties or of the Anglers Park North
neighborhood.
2. Tbe Proposed zoning map amendment meets Objective 101.8 ID tbat it provides a
mechanism for the subject properties to come into conformance.
3. Tbe proposed zoning map amendment supports Objective 101.11 of the Monroe County
Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity Assessment
Report and tbe listed programs on stonnwater and wastewater. Tbere are no significant
concerns regarding impacts on public facilities.
4. The proposed zoning map amendment supports and is consistent with Goal 102 of the
Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on
the natural environment, will facilitate infill in an already developed neighborhood, will
enable redevelopment of existing apartment buildings that were constructed in the 1970's and
ORe Resolution to Amend Zoning Map
File M#99143
Page 3 of 4
Initials Lt
will enable more expeditious reconstruction in the event of destruction of the buildings, by
facilitating easier access to building permits.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the
Monroe County Planning Commission, the request filed by the applicants' agent to change the
Future Land Use Map from Suburban Commercial (SC) to Improved Subdivision (IS) for
properties located on Seaside Avenue in Re-sub Seaside Subdivision, Section 14, Township 62,
Range 38, Monroe County, Florida, having the real estate identification numbers 00492380-
00000o,00492390-00000o and 00088780-00000o.
PASSED AND ADOPTED by the Development Review Committee of Monroe County,
Florida, at a regular meeting held on the 20th of January, 2000.
Edward Koconis, DRC Chair YES
Ann Murphy, Comprehensive Planner YES
Ralph Gouldy, Senior Environmental Resources Planner YES
Department of Public Works YES
Department of Engineering YES
Department of Health YES
DEVELOP~NT~V~WCqMMTIlEEOFMONROECOUNTY
BY J~ (~
Edward Koconis, DRC Chair
Signed this il:lliday of ~~
,2000.
DRe Resolution to Amend Zoning Map
File M#99143
Page 4 of 4
Initials It.