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Item D4 BOARD OF COUNTY COMMISSIONERS AGENDAITEMSUNrn{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 Land Use District Map Amendments proposed by the Monroe County Planning Department. These Amendments will change the future land use designation from Mixed Use/Commercial (MC) to Residential Medium (RM) and change the zoning from Recreational Vehicle (RV) to Improved Subdivision (IS) for 21 properties in Blocks I & 2 of Seaside Subdivision, Key Largo, located in Section 14, Township 62 South, Range 38 East, approximate Mile Marker 95. 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: ';{ ~-e'e~4' (fM:A.-<-"-<, K. Marlene Con~ay Director, Planning & Environmental Resources r of Growth Management DIVISION DIRECTOR APPROVAL: Timo DOCUMENTATION: Included X To follow _ Not required _ Agenda Item #: ~ DISPOSITION: M99143 PROPOSED FLUM AMENDMENT MIXED USE/COMMERCIAL (MU) TO RESIDENTIAL MEDTIJM (RM) PROPOSED ZONING AMENDMENT RECREATIONAL VEHICLE (RV) TO IMPROVED SUBDIVISION (IS) This amendment has been requested by the Monroe County Planning and Environmental Resources Department. The properties are described as 21 Lots in Blocks 1 & 2 of Seaside Subdivision Addition 1, and Block 3 of Seaside Subdivision. Section 14, Township 62 South, Range 38 East, at Mile Marker 95. FLUM RECOMMENDATIONS Staff: Approval November 4, 1999 Staff Report DRC: Approval December 12, 1999 Resolution #D22-99 PC: Approval February 23, 2000 Resolution #P19-00 BOCC: Approval May 17,2000 Resolution #198-00 PROPOSED ZONING AMENDMENT Staff: Approval November 4, 1999 Staff Report DRC: Approval December 12, 1999 Resolution #D22-99 pc: Approval February 23, 2000 Resolution #P19-00 BOCC: Approval May 17,2000 Resolution # 198-00 The Proposed Future Land Use Map Amendment Ordinance ORDINANCE # -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST TO AMEND THE FUTURE LAND USE MAP FROM MIXED USE CD:MMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM) FOR 21 PROPERTIES IN BLOCKS I & 2 OF SEASIDE SUBDIVISION ADDITION 1 AND BLOCK 3 OF SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, AT MILE MARKER 95. WHEREAS, the Planning Department and the Development Review Committee reviewed the application to amend the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Addition 1 and Block 3 of Seaside Subdivision, Section 14, Township 62S, Range 38E, Monroe County, Florida, having the following real estate identification numbers: 00492490-000000, 00492500-000000, 00492510- 000000, 00492520-000000, 00088820-000000, 00492530-000000, 00492540-000000, 00492550- 000000, 00492560-000000, 00492570-000000, 00492580-000000, 00492590-000000, 00492600- 000000, 00492610-000000, 00492620-000000, 00492630-000000, 00492130-000000, 0049220- 0000000, 00492190-000000, 00492180-000000 and 00492140-000000 and recommended approval of this application; and WHEREAS, the Planning Commission held a public hearing on February 23, 2000, and recommended approval of the application; and WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on May 17, 2000, conducted a review and consideration of this application and directed the Planning Department to transmit a draft of the Future Land Use Map amendment to the Florida Department of Community Affairs for review 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 examined the following information: 1. The application from Monroe County to change the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM); and 2. The staff report dated April 27, 2000; and WHEREAS, the Board of County Commissioners makes the following Findings of Fact: Boee ordinance to Amend FLUM File M#99142 Page 1 of 5 Initials 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 Monroe County to address a data error. Since mobile homes or recreational vehicles were not permitted in this district in the pre-1986 zoning, it is questionable why a change was made to allow these uses in this district. What did exist pre-1986 was a mixture of three different commercial and high density residential zoning districts, with a large recreational vehicle park to the north, and a low density subdivision to the south. The 1984 aerial photographs show that all of the commercial and high density residential parcels remained vacant. During the 1986 Plan process, the zoning was simplified by consolidating these parcels under a zoning district that did not reflect the actual land uses on the properties. The Recreational Vehicle (RY) zoning district was chosen even though there is clear distinction, as seen on the 1984 photos, between the RV park with its tightly packed rows of trailers, and the low density single family residences of the subject properties. 4. 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. 5. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use category Mixed Use Commercial (MC) was applied to the subject properties. In January 1999, an administrative boundary interpretation was approved to change Lot 7, Block 3 of Seaside Subdivision from the Urban Residential - Mobile (UR-M) zoning district, and include it in the Improved Subdivision (IS) zoning district. The finding was that, "... the land use district boundaries which indicate that the property is URM were placed in error with the adoption of the September 15, 1986 Land Development Regulations, and therefore, the subsequent maps were also in error and did not follow the previously demarcated Improved Subdivision (IS) boundary". This lot is immediately adjacent to the subject properties. 6. 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 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. 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. 7. Though FLUMed Mixed Use Commercial (MC), Seaside Subdivision Addition NO.1 and is Seaside Subdivision are primarily residential neighborhoods. Each of the developed Boce ordinance to Amend FLUM File M#99142 Page 2 of 5 Initials properties in the subject neighborhood accommodates a single family residence. The Improved Subdivision (IS) district that encompasses Seaside Subdivision is very similar in appearance and use to that found in Seaside Addition No.1. Amalgamating these two homogenous zoning districts into one IS district will ensure that the harmony that exists in the neighborhood is preserved. 8. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the subject properties. 9. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 10. As the subject properties total 3.27 acres in size, a maximum of 49 RV spaces in trailer parks or 49 hotel rooms could be constructed under the current Future Land Use Mapping category and zoning district, given that environmental regulations permit maximum densities. As there are 21 properties included in this rezoning, the change would allow a maximum of 21 units, thus reducing the densities to 42% of that allowable under the current zoning. 11. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 12. The 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. 13. 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. 14. 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 2nd 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 surrounding neighborhoods. 2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into conformance. 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the findings of the 1998 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. Boee ordinance to Amend FLUM File M#99142 Page 3 of 5 Initials 4. The map amendment supports Goal 102 as it will rezone parcels of land on which legal directives have severely restricted allowable uses, and provide opportunities for property owners to enter the Building Permit Allocation System (ROGO) to construct a single family residence. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described 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 1. Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapters 163 and 380, Florida Statutes. Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until notice is issued by the Florida Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapters 163 and 380 of the Florida Statutes. [THIS PAGE LEFT INTENTIONALLY BLANK] BOCC ordinance to Amend FLUM File M#99142 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 Tem 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 Boee Ordinance to Amend FLUM File M#99142 Page 5 of5 Initials r,~.' tt~/ ~. ./. ./ on Key ., D o. v e Key RH Me Thompson Creek Long Point Key: Largo M M: @95 - Pro osal: 'nlose .parts of Blocks 1 & 2 Seaside Addition No.1, and Block 3 Seaside Subdivision as referenced by file M99143 from .MC to . Property Description: Those art and Block 3 Seaside Subdivision as ref 1-=2000' I . Applicant Name: Map #: 2 N File Number : M9914Z, The Proposed Land Use District Map Amendment (zoning) Ordinance ORDINANCE # -2001 AN ORDINANCE BY THE MONROE BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY MONROE COUNTY TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM RECREATIONAL VEIDCLE DISTRICT (RV) DISTRICT TO IMPROVED SUBDIVISION DISTRICT (IS) FOR 21 PROPERTIES IN BLOCKS 1 & 2 OF SEASIDE SUBDMSION ADDITION 1 AND BLOCK 3 OF SEASIDE SUBDMSION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, AT MILE MARKER 95. WHEREAS, the Planning Department and the Development Review Committee an application to amend the zoning map from Recreational Vehicle District (RV) to Improved Subdivision District (IS) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Addition 1 and Block 3 of Seaside Subdivision, Section 14, Township 62S, Range 38E, Monroe County, Florida, having the following real estate identification numbers: 00492490-000000, 00492500- 000000, 00492510-000000, 00492520-000000, 00088820-000000, 00492530-000000, 00492540-000000, 00492550-000000, 00492560-000000, 00492570-000000, 00492580- 000000, 00492590-000000, 00492600-000000, 00492610-000000, 00492620-000000, 00492630-000000, 00492130-000000,0049220-0000000, 00492190-000000, 00492180-000000 and 00492140-000000, and WHEREAS, the Planning Commission, reviewed and considered the application during a regular meeting held on February 23,2000, and recommends approval of the request; and WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on May 17, 2000, conducted a review and consideration of this application and directed the Planning Department to transmit a draft of the amendment to the Florida Department of Community Affairs for review 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 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. Boee Ordinance to Amend Zoning Map File M#99142 Page 1 of 5 Initials 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 Monroe County to address a data error. Since mobile homes or recreational vehicles were not permitted in this district in the pre-1986 zoning, it is questionable why a change was made to allow these uses in this district. What did exist pre-1986 was a mixture of three different commercial and high density residential zoning districts, with a large recreational vehicle park to the north, and a low density subdivision to the south. The 1984 aerial photographs show that all of the commercial and high density residential parcels remained vacant. During the 1986 Plan process, the zoning was simplified by consolidating these parcels under a zoning district that did not reflect the actual land uses on the properties. The Recreational Vehicle (R V) zoning district was chosen even though there is clear distinction, as seen on the 1984 photos, between the RV park with its tightly packed rows of trailers, and the low density single family residences of the subject properties. 4. The subject properties currently have the mapping category Recreational Vehicle District (RV) which does not allow single family homes. 5. The purpose of the Recreational Vehicle (RV) zoning district is to establish areas suitable for the development of destination resorts for recreational vehicles. 6. 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. 7. Though zoned Recreational Vehicle (RV), Seaside Subdivision Addition # 1 and Seaside Subdivision are primarily residentiallieighborhoods. 8. New transient residential units, such as hotel or motel rooms, or campground, recreational vehicle or travel trailer spaces, shall not be eligible for residential dwelling unit allocations until January 1, 2002. This provision has limited the number of recreational vehicle spaces in Monroe County. 9. A de-facto moratorium on commercial development has been enacted pursuant to Policy 101.3.1, which directs Monroe to maintain a balance between residential and non-residential growth by limiting the gross square footage of non-residential development over the 15 year planning horizon in order to maintain a ratio of approximately 239 square feet of non- residential development for each new residential unit permitted through the Permit Allocation System. This allowance was exceeded, resulting in a moratorium on commercial development. Boce Ordinance to Amend Zoning Map File M#99142 Page 2 of 5 Initials 10.These two moratoria in combination, have substantially reduced development options for property owners of these RV zoned parcels. 11. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate zoning map category for the subject properties. 12. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 13. As the subject properties total 3.27 acres in size, a maximum of 49 RV spaces in trailer parks or 49 hotel rooms could be constructed under the current zoning, given that environmental regulations permit maximum densities. As there are 21 properties included in this rezoning, the change would allow a maximum of 21 units, thus reducing the densities to 42% of that allowable under the current zoning. 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. The 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. 16. 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. 17. 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 2nd 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 surrounding neighborhoods. 2. The proposed zoning map amendment meets Objective 101.8 m 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. BOCC Ordinance to Amend Zoning Map File M#99142 Page 3 of 5 Initials 4. The map amendment supports Goal 102 as it will rezone parcels of land on which legal directives have severely restricted allowable uses, and provide opportunities for property owners to enter the Building Permit Allocation System (ROGO) to construct a single family residence. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently zoned Recreational Vehicles (RV), shall be zoned Improved Subdivision (IS) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. This ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until notice is issued by the Florida Department of Community Affairs or Administration Commission approving the amendment pursuant to Chapter 380, Florida Statutes. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] Boce Ordinance to Amend Zoning Map File M#99142 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 (MAYOR/CHAIRMAN) ATTEST: DANNY L. KOLHAGE Signed this day of ,2001. BY: DEPUTY CLERK Boce Ordinance to Amend Zoning Map File M#99142 Page 5 of5 Initials ~ flY ", ... N Key: Lar 0 MM: Pro osal: Blocks 1 & 2 Seaside Addition No.1 and Block 3 Seaside Subdivision as indicated from RV to IS Property Description: Blocks 1 & 2 Seaside Addition No. 1 and Block 3 Seaside Subdivision as indicated. 1-=400' I Applicant Name: Map # : 145 Sponsored by Monroe County File Number M99142. MEMORANDUM FROM: Planning Commission K.. Marlene Conaway, Director of Planning ~ Environmental Resources Sandra Lee, Upper Keys Biologist TO: RE: Blocks 1 & 2 of Seaside Addition No.1 and Block 3 of Seaside Addition RV to IS (File #M99142) DATE: April 27, 2000 EXISTING FUTURE LAND USE DESIGNATION: Mixed Use Commercial (Me) PROPOSED FUTURE LAND USE DESIGNATION: Residential Medium (RM) EXISTING ZONING DESIGNATION: Recreational Vehicle District (R V) PROPOSED ZONING DESIGNATIONS: Improved Subdivision (IS) AGENT: Sponsored by Monroe County PROPERTY INFORMA nON Key: Key Largo Size: approximately 3.27 acres Mile Marker: @ MM 95 of U.S. Highway No.1 Location Detail & Brief Description: Twenty-one properties in Sections 14, Township 62 South, Range 38 East in Monroe County, Florida, are included in this map amendment. The properties are located between U.S. Highway 1 (to the north) and Seaside Avenue (to the south), and between Palm Drive (to the east) and Lime Avenue (to the west). Coconut Drive bisects the two blocks of the neighborhood, connecting Seaside Avenue with U.S. Highway I. The subject properties are situated on three blocks. Blocks I & 2 are part of Seaside Addition No. 1 subdivision, whereas Block 3 is part of the Seaside Subdivision. Real Estate numbers and information about the properties are listed on the following page. Seaside Addition No.1 RV to IS File #M99142 Seaside Addition No.1 and Seaside Subdivision Property Information AnaclllDeal 'B' Seaside Addltio. No. I aad Seaside Sabellv.lo. Property I.formatloa m~~W:i: :imIWl~ jWmWlmlWljl~~WWWW::::jm ~~~'~~WWWW :;~AS:=~: ::i~ij='iW ::W::::W:W:::.~~~~,:,:::,;::::'::m:: :<:sEFH I :::::::;(::::::: Ana M. Pando ::00492498-000000: 0.12 vacant disturbed with exotics tItItItItItItItI I ::::::::t::::::: Ana M. Pando ::00492S00~OOOOOO:: 0.12 SF moderate Qualitv hammock tItItItItItItItI I :::::::6::::::: A LoDez-CastroJr. ::0Q4925:I~OOOOOO:: 0.12 vacant hammock NO I ::::':::'1.':::':' A LoDez-Castro Sr. -:00492526-080000:: 0.12 vacant hammock NO I Georaina Edwards ::OOO88820~OOOOOO:: 0.22 vacant disturbed with hammock NO 2 -:::-::1::::::: Joseoh Oliveros :0Q4:925~00:: 0.2 vacant hammock NO 2 -:-:'::2::-:::: LaRocco Familv Ltd. -:0<>0492548.088000:: 0.17 SF moderate Qualitv hammock tltItItItItItI# 2 :::::-:;)-:-:-:-: Wisu Pronenies Ltd. ::00492SS~OOO:: 0.14 vacant hammock NO 2 -::::4:-::: E &. G Goebel ::OIM92~~OOOOOO:: 0.19 SF disturbed with hammock N/A 2 ,,-:-:5-:,:,:, L P Waser -:004925:'18-000000:: 0.21 vacant disturbed N/A 2 :::::6:::::: L P Waser ::00492S80~OOQOOO:: 0.16 SF disturbed N/A 2 :::::-:.1:::-:: L P Waser :00:4112~9O;OOOOOO:: 0.12 vacant disturbed N/A 2 '::::X':::::' E &. G Goebel :00492600-000000:: 0.14 SF disturbed with hammock N/A 2::9::::::: Debra Kintzlev ::004926:1~OOQOOO: 0.11 SF disturbed with hammock N/A 2 ::.:::1:0-:-:.: Jesus Cruz ::00iC9262o.000000:: 0.13 vacant disturbed N/A 2 ::':-::1:1::::::: Nancv Cruz, Trustee :O~26Jij.000000: 0.13 SF disturbed N/A 3 ::lliRd:2-: Jo Anne Hacknev ::00492J3Q~OOOOOO: 0.24 SF hammock NO 3 :::J::::: JW McClain ::00:4.'9220.0000000:: 0.15 vacant hammock NO 3 '::::-4::::: James Eavenson ::00492196-000000: 0.19 vacant hammock NO 3 ::::::S::::: Louis Crofoot:00492180~OOOOOl}: 0.15 SF scarified N/A 3 ::::::6: F &. 0 Truiillo :OO:4.92i4o.000000: 0.14 vacant disturbed with hammock N/A Total Acreage 3.27 Existing Habitat: The 1985 Existing Conditions Aerials do not classify the subject properties. A detailed site inspection and follow up research were conducted to determine habitat conditions found on the subject properties. These conditions are summarized in the table above. Of the 21 properties, 12 are vacant, and nine have single family residences on them. Of the vacant lots, six properties have undisturbed hammock on them, but no Habitat Evaluation Indexes (HEI) are on file with Monroe County that show the quality of the hammock on these lots. HEl's completed for already-developed properties show the hammock on these blocks to be high elevation, low to moderate quality hammock. The remaining vacant properties are best classified as 'disturbed' or 'disturbed with hammock' . It is possible that in order to construct residences on the vacant lots, consolidation for some of the properties will be necessary in order to achieve the required open space ratios for developing in hammock areas. Policy 205.2.6 of the Monroe County Year 2010 Comprehensive Plan outlines the open space requirements as follows: Hilh and Low Hammock Open Space Ratios High Quality 0.80 Moderate Quality 0.60 Low Quality 0.40 Disturbed 0.40 Seaside Addition No.1 RV to IS File #M99142 2 Existing Use: Although the Seaside Addition No.1 neighborhood is zoned Recreational Vehicle District (RV), there are no recreational vehicles used as dwelling units on the subject properties. Single family homes are the only housing type found on the developed parcels in the neighborhood. Because the RV zoning district does not permit single family homes, the uses on all of these properties are non-conforming. ~ ~"'~l~:~';" ~ The range of housing types found in the subject neighborhood can be seen in these thumbnail sketches. Although several ground level units do exist, the majority of homes are elevated homes of concrete or wood frame construction. Figure 1. Range of Single Family Housing Types on Subject Properties Of the 21 parcels included in this map amendment, nine lots have single family residences on them. Vacant lots are scattered amongst the single family homes. Most of these lots are cleared, Seaside Addition No.1 RV to IS File #M99142 3 but several have hammock of variable quality on them. This IS an upland residential neighborhood and there are no canals or waterfront lots. Neighboring Land Uses and Character: The character of the blocks sUITounding Seaside Addition No. 1 can be discerned by the zoning district designations that are in place. To the northeast of Palm Drive lies the Key Largo Ocean Resorts Recreational Vehicle Park. This large tract of land is zoned Recreational Vehicle District (RV) and accommodates well over 100 densely packed mobile homes and recreational . vehicles. The park is screened by a buffer of natural vegetation, and is imperceptible from the subject neighborhood. To the southeast of the subject neighborhood, on the Atlantic Ocean side of Seaside A venue, is Paradise Point Mobile Home Park, which accommodates approximately 16 mobile homes. This small, well maintained park is zoned Urban Residential Mobile (URM). A red flagged wetland is located on the two lots to the southwest of Paradise Point. Figure 2. Entrance to Paradise Point One commercial operation, J & M Scaffolds, located in Block 2, Seaside Addition No.1, occupies a large parcel of land fronting U.S. Highway 1. Treed buffers screen the business from the residential neighborhood. This property is not part of this rezoning, though it is in the Recreational Vehicle (RV) district and thus is non-conforming. The vast majority of the Seaside Subdivision to the southwest of the subject properties is a single family residential neighborhood, zoned Improved Subdivision (IS). Houses are similar in nature to those found on the subject properties, being a mix of well-maintained ground level concrete, and elevated concrete or wood frame units, characteristic of the Florida Keys. The proposed rezoning will amalgamate the subject properties with the residential neighborhood, thus expanding the Improved Subdivision (IS) zoning district. ZONING AND LAND USE HISTORY Pre-1986 Zoning: Pre-1986 zoning shows four separate zoning districts covering the two blocks of the subject properties. These zones are Light Business District (BU.1-L) and Medium Business District (BU-2) fronting U.S. Highway No.1, plus a small area zoned Multiple Family Residential District (RU-3), sUITounded by a Single Family Residential (RU-l) zoning district on the remainder of the two blocks. All four of these zoning districts prohibited recreational vehicles and mobile homes. Seaside Addition No. I RV to IS File #M99142 4 A Mobile Home Park Residential District (RU-5P) extended along the length of the subject properties to the north west, where Key Largo Ocean Resorts is currently located. Considerations During the 1986 Comprehensive Plan Process: There are no records of discussion regarding the appropriate zoning district for Seaside Addition No. 1 during the 1986 Comprehensive Plan process. Considerations During the 2010 Comprehensive Plan Process: There were no changes affecting the subject properties during the 2010 Plan process. No concerns or issues were raised in the area regarding zoning or land use. Consequently, the Future Land Use Map followed the Recreational Vehicle zoning in designating the properties Mixed Use Commercial (MC). Changes to Boundaries Since 1986: In January 1999, an administrative boundary interpretation was approved to change Lot 7, Block 3 of Seaside Subdivision from the Urban Residential - Mobile (UR-M) zoning district, and include it in the Improved Subdivision (IS) zoning district The finding was that, "... the land use district boundaries which indicate that the property is URM were placed in error with the adoption of the September 15, 1986 Land Development Regulations, and therefore, the subsequent maps were also in error and did not follow the previously demarcated Improved Subdivision (IS) boundary". This lot is immediately adjacent to the subject properties. ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 Cd) (5) b): Changed Projections or Assumptions: None. Data Errors: Based on the findings described below, the Planning Department concludes that a data error, similar to the error made in assigning the above-noted Lot 7 a URM zoning designation, was made in assigning a Recreational Vehicle (RV) zoning district to the subject properties. First, because mobile homes or recreational vehicles were not permitted in this district in the pre- 1986 zoning, it is questionable why a change was made to allow these uses in this district only. What did exist pre-1986 was a mixture of three different commercial and high density residential zoning districts, with a large recreational vehicle park to the north, and a low density subdivision to the south. The 1984 aerial photographs show that all of the commercial and high density residential parcels remained vacant. During the 1986 Plan process, the zoning was simplified by consolidating these parcels under a zoning district that did not reflect the actual land uses on the properties. The Recreational Vehicle (RV) zoning district was chosen even though there is clear distinction, as seen on the 1984 photos, between the RV park with its tightly packed rows of trailers, and the low density single family residences of the subject properties. Seaside Addition No.1 RV to IS File #M99142 s Although it is not known for certain why RV district was chosen, allowable uses in the district more closely resemble the commercial and high density opportunities that existed prior to 1986, in that some commercial opportunities are permitted uses under the current zoning district. New Issues: None. Recognition of a Need for Additional Detail or Comprehensiveness: None. A determination was made in the early preparation stages of the 1986 Comprehensive Plan that in general, platted, buildable lots with infrastructure should retain their development potential. These lots became the Improved Subdivision (IS) zoning district. The intent of the Improved Subdivision (IS) zoning district is to accommodate platted, unbuilt blocks. Block 3, Seaside Subdivision was platted in 1931. The two blocks of Seaside Addition No. 1 were platted in 1954. Both subdivisions are fully serviced and eligible for full ROGO points under Category 1, relating to Platted Subdivision Infill. During the 1986 Comprehensive Plan process, Block 3 of Seaside Subdivision was separated by a zoning district boundary from the remainder of the subdivision, and zoned inclusively with Seaside Addition No.1. However the subject properties were given a Recreational Vehicle (RV) designation. IMP ACT AND POLICY ANALYSIS Comparison of Development Potential For the Current and Proposed Land Uses: 1. Current 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: The principle purpose of the Mixed Use/Commercial land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also 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 permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. The current zoning for the subject properties is Recreational Vehicle (RV) district, which is described in the Land Development Regulations as follows: Section 9.5-215 The purpose of the R V district is to establish areas suitable for the development of destination resons for recreational vehicles. Allowable uses under Section 9.5-244, pertinent to the text amendment include: Uses permitted as a matter of right include: · recreational vehicle spaces · commercial retail uses of less than twenty-five hundred (2,500) square feet of floor area Seaside Addition No.1 RV to IS File #M99142 6 . accessory uses. Uses permitted as minor conditional uses include: · hotels providing less than SO rooms; and · parks and community parks. Uses permitted as major conditional uses include: · hotels providing SO or more rooms; and · marinas. On page 7-1 of the Year 2010 Comprehensive Plan Technical Document, it is observed that between 1980 and 1990, housing units classified as mobile homes, trailers and other increased to approximately 33% of the total housing in Monroe County. Recreational vehicle parks in RV zones are considered by the County as a form of commercial transient use (planning Director's Policy 99-4). Effective May 22, 1998, Land Development Regulations were adopted, as directed by Policy 101.2.6 of the Comprehensive Plan, which prohibit new transient residential units, including hotel or motel rooms, campground spaces, or spaces for parking recreational vehicles and travel - trailers. These LOR's specify that: Section 9.5-123 (h) Moratorium on new transient units: New transient residential units, such as hotel or motel rooms, or campground, recreational vehicle or travel trailer spaces, shall not be eligible for residential dwelling unit allocations until January 1, 2002. This provision has limited the number of recreational vehicle spaces in Monroe County. Figure 3. Key Largo Ocean Resorts Hurricane Damage Additionally, a de-facto moratorium on commercial development has been enacted pursuant to Policy 101.3.1, which directs Monroe to maintain a balance between residential and non- residential growth by limiting the gross square footage of non-residential development over the 15 year planning horizon in order to maintain a ratio of approximately 239 square feet of non- residential development for each new residential unit permitted through the Permit Allocation System. This allowance was exceeded, resulting in a moratorium on commercial development. These two moratoria in combination, have substantially reduced development options for property owners of these RV zoned parcels. 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: Seaside Addition No. I RV to IS File #M99142 7 The principle purpose of the ResideDtial 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 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. The Residential Medium (RM) Future Land Use category corresponds with only on land use (zoning) district, Improved Subdivision (IS), described in the Land Development Regulations 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 arc those which arc 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 9.5-141, 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 LOR's prohibits any amendments which would negatively impact community character. The proposed map amendment is not in conflict with the community character based on the following findings: Density and Intensity Land use densities and intensities are much greater under the existing Recreational Vehicle (RV) zoning district than the proposed Improved Subdivision (IS) zoning district. While uses in an RV district can include recreational vehicle spaces, commercial retail uses and hotels, the IS district allows only single family residences. The intensities of permitted uses therefore would be much less with the rezoning than currently exist. Allocated densities permitted in each of the zoning districts are shown as ,follows: Recreational Vehicle (RV) IS R V spaces per acre IS hotel rooms per acre Improved Subdivision (IS) I dwelling unit per lot As the subject properties total 3.27 acres in size, a maximum of 49 RV spaces in trailer parks or 49 hotel rooms could be constructed under the current zoning, given that environmental regulations permit maximum densities. As there are 21 properties included in this rezoning, the Seaside Addition No.1 RV to IS File #M99142 8 change would allow a maximum of2! units, thus reducing the densities to 42% of that allowable under the current zoning. Environmental constraints on the 11 vacant properties may lead to aggregation of lots in order to meet setback and open space ratios. Therefore, the number of potential buildable units is likely less than one unit per vacant property. Lots 4 and 5, Block 1 appear to have been already aggregated to allow construction of a home. If this is true, then the potential exists to construct a maximum of 10 additional residences on the subject properties. Use Compatibility Each of the developed properties in the subject neighborhood accommodates a single family residence. The Improved Subdivision (IS) district that encompasses Seaside Subdivision is very similar in appearance and use to that found in Seaside Addition No.1. Amalgamating these two homogenous zoning districts into one IS district will ensure that the hannony that exists in the neighborhood is preserved. Local TraffIC and Parking The proposed rezoning will have no impact on the existing conditions in this neighborhood. Traffic volume is exceedingly low as Seaside A venue terminates at Palm Drive. Palm Drive itself is a tiny dead-end lane. Coconut Drive and Lime Street serve as feeder roads entering onto U.S. Highway 1. Minimum lot sizes of 15,000 square feet provide ample space for on-site parking, therefore parking is more than ample. Effects on Natural Resources: Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. A site visit to Seaside Addition No. 1 by Sandra Lee, Upper Keys Biologist, on October 28, 1999, showed that rezoning to Improved Subdivision would open the potential for construction on vacant lots which are primarily disturbed with hammock or exotics, or of unevaluated hammock quality. Habitat Evaluations on file with Monroe County show hammock on neighboring lots to be of low to moderate quality. Given the setback and open space ratios in place to protect medium and high quality hammock, it is likely that any approved construction will minimally impact the natural resources of subject properties. Effects on Public Facilities: Objective 101.11 of the 2010 Plan requires the County to direct future growth away from environmentally sensitive land and towards established development areas served by existing public facilities. The proposed text amendment supports Objective 101.11 based on the following findings of the 1999 Public Facilities Capacity Assessment Report and the listed programs on storm water and wastewater: Seaside Addition No. I RV to IS File #M99142 9 TraffIC Circuliztion U.S. Highway No.1 is required to maintain a level of service (LOS) of C in order to support additional development. The LOS at MM 95 is A, which is adequate to serve existing and proposed uses. Solid Waste The existing solid waste haul out contract will provide Monroe County with guaranteed 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 Aqueduct Authority's existing consumptive use permit authorizes the withdrawal of sufficient quantities to meet the demand anticipated for the remainder of 1999. The proposed map amendment is not anticipated to have a significant effect on potable water withdrawals. Stormwater It is unlikely that a net increase in stormwater runoff could result from this land use change as Section 9.5-293 of the Land Development Regulations requires that all developments retain stormwater on site following Best Management Practices (BMP' s). Also, pursuant to Policy 101.1.1, all projects shall be designed so that the discharges will meet Florida State Water Quality Standards. Compliance review for these sections is determined by the Environmental Resources Department and the Department of Health and occurs at the time a development permit has been filed. In addition, Monroe County and the South Florida Water Management District, acting in accordance with Governor Chiles' Executive Order No. 96-108, have developed an agreement for the development of a Stormwater Management Master Plan. Effects on RedevelopmentJInfill Potential: Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. The map amendment supports Goal 102 as it will rezone parcels of land on which legal directives have severely restricted allowable uses, and provide opportunities for property owners to enter the Building Permit Allocation System (ROGO) to construct a single family residence. Both Seaside Addition No. 1 and Seaside Subdivision are fully serviced subdivisions, worthy of the 10 Category 1 ROGO points. By creating opportunities for infill, existing services and infrastructure can be more efficiently utilized while relieving pressure to develop in more environmentally sensitive locations. Additionally, inland lots such as these do not commandeer prices as high as water lots and therefore create conditions favorable for the provision of more affordable housing. Of the 21 lots, 9 already have a single family residence on them. Therefore 11 property owners will have an opportunity to compete in ROGO. Seaside Addition No.1 RV to IS File #M99142 10 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 County foremost to correct a mapping error that occurred in 1986 when the zoning district map boundaries were being adjusted, resulting in a decision that deemed many of the subject properties non-confonning as to use. 4. Pre-1986 zoning on the subject properties was a combination of commercial (BU.I-L and BU-2) and residential including high density (RU-3) and low density (RU-l) zones. 5. Neither mobile homes nor recreational vehicles were pennitted or existed in these zoning districts. 6. Historically, no businesses were established, or multi-family units developed as was allowed by the Pre-1986 zoning. 7. During the 1986 Comprehensive Plan process, four zones of the subject properties were changed to one zone - Recreational Vebicle (RV) district - deeming existing single family homes non-confonning as to use. 8. Section 9.5-123(h) of the Land Development Regulations establishes a moratorium on all transient rental units until January 1, 2002 and Policy 101.3.1 of the Year 2010 Comprehensive Plan places a de-facto moratorium on all commercial development, thus substantially reducing development options for property owners of these R V zoned lots. 9. Section 9.5-213, states that the purpose of the Improved Subdivision (IS) district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established. 10. Improved Subdivision (IS) is the most appropriate zoning district designation to bring the existing dwellings into confonnity and ensure harmony of land uses in the neighborhood should further development be permitted. 11. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use category of the subject properties was established as Mixed Use Commercial (Me) district 12. Policy 101.4.4 states that the purpose of the Mixed Use Commercial (MC) Future Land Use category is to provide for the establishment of commercial zoning districts where various types of commercial retail and office, employee housing and commercial apartments, as well as various types of residential and non-residential uses may be pennitted. Seaside Addition No. 1 R V to IS File #M99142 11 13. The Mixed Use Commercial (MC) Future Land Use category corresponds with Sub Urban Commercial (SC), Urban Commercial (DC), Destination Resort (DR), Recreational Vehic1e (RY) and Mixed Use (MU) land use districts. 14. Land uses of the majority of subject properties are reflective of purpose of the Residential Medium (RM) Future Land Use category. IS. The purpose of the Residential Medium (RM) land use category is to recognize those portions of subdivision 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. 16. Seaside Subdivision was platted in 1931 and Seaside Addition No. 1 was platted in 1954. Aerial photographs show that both subdivisions were improved with roadways and had limited development. 17. The Residential Medium (RM) Future Land Use Category corresponds to the Improved Subdivision (IS) zoning district. 18. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the subject properties. 19. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 20. Approximately 43% of the subject properties are developed. The zoning change will encourage more efficient use of the land, in keeping with the character of surrounding adjacent land uses. 21. 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. 22. 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. 23. 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. 24. The proposed map amendment supports Goal 1 02 as the habitat of the subject properties was found to be variable, with some hammock, likely of moderate or low quality. As Policy 205.2.6 of the 2010 Plan establishes ratios of open space required for approval of development, any impacts on the natural resources of the subject properties are anticipated to be mitigated. Seaside Addition No. I RV to IS File #M99142 12 25. The proposed map amendment supports Goal 102 as there is a reduction in allowable density from a maximum of 49 units under existing zoning to a maximum of 10 additional units for a total of 20 units under the proposed zoning. Density reductions may be greater due to open space ratio requirements outlined in Policy 205.2.6. 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 Addition No. 1 and Seaside neighborhoods. 2. The proposed map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into confonnance with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 3. 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 stonnwater 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 impacts on the natural environment that cannot be prevented or mitigated, will facilitate infill in an already developed neighborhood and will enable more expeditious reconstruction in the event of destruction of the buildings, by facilitating easier access to building pennits. RECOMMENDATION Based on the above Findings of Fact and Conclusions of Law, the Planning and Environmental Resources Departments, the Monroe County Development Review Committee and the Planning Commission recommend APPROV AL to the Board of County Commissioners of the proposed Future Land Use Map Amendment from Mixed Use Commercial to Residential Medium (RM) and the proposed zoning district map amendment from Recreational Vehicle (RV) to Improved Subdivision (IS). Seaside Addition No.1 RV to IS File #M99142 13 =- - "1] ...-.._....... .. N , I DDVE ~KEY ( N Street Map Monroe County I 1 ": 1/1 mile I N ~ , 998 Experian Aerial Maps 1"=300' ~~..' "" ~ ".- ~.. /.. /.. .. on Key tfIJ Dove Key RH Me Thompson Greek Lon 9 Poi n t N Key: Largo MM: @95 Pro osal: 'f.hose parts of Blocks 1 & 2 Seaside Addition No.1. and Block 3 Seaside Subdivision as referenced by file M99143 from Me to m Property Description: Those arts and Block 3 Seaside Subdivision as ref Applicant Name: Map ##: 2 1-.2000' I File Number : M99142. ~ ., ., ... N Seaside Subdivision as indicated from RV to IS Property Description: Blocks 1 & 2 Seaside Addition No. 1 and Block 3 Seaside Subdivision as indicated. 1"=400' I Applicant Name: Map # : 145 Sponsored by Monroe County File Number M99142. DCA TRANSMIlTAL RESOLUTION From the regular meeting of the Board of County Commissioners held on May 17,2000. ~ ~~ RESOLUTION NO. 198 -2000 :r A RESOLUTION BY THE MONROE COUNTY BOARD OF coSNri g COMMISSIONERS TRANSMlTllN'G TO THE FLORIDA DEPAR~~ ~ COMMUNITY AFFAIRS THE REQUEST BY TIlE PLANNING ~ =:= ENVIRONMENTAL RESOURCES DEPARTMENT TO CHANGE TIlE F~ U1 LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHE~ :: PLAN FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL ~ N (RM) FOR 21 PROPERTIES IN BLOCKS 1 & 2 OF SEASIDE SUBDrVlsISN ;;. ADDITION 1 AND BLOCK 3 OF SEASIDE. SUBDIVISION, KEY LARGO, Q LOCATED IN SECTION 14, TONWSHIP 62 SOUTH, RANGE 38 EAST, AT MILE MARKER 95, having the following real estate identification nwnbers: 00492490-000000, 00492500-000000, 00492510-000000, 00492520-000000, 00088820-000000, 00492530-000000, 00492540-000000, 00492550-000000, 00492560-000000, 00492570-000000, 00492580-000000, 00492590-000000, 00492600-000000, 00492610-000000, 00492620-000000, 00492630-000000, 00492130-000000, 0049220-000000, 00492190-000000, 00492180-000000 and 00492140-000000. ""?J ;:: ,." o "'Y1 o ::0 ::0 IT1 C") o ;0 o WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purposes of considering the transmittal to the Florida Department of Community Affairs for review and comment of a proposed amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, changing the future land use designation of the properties described above; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested future land use designation change; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board of County" Commissioners does hereby adopt the recommendations of the Planning Commission pursuant to the attached draft ordinance (marked as Exhibit 1) for adoption of the proposed Future Land Use Map amendment. Section 2. The Board of County Commissioners does hereby transmit the proposed amendment as part of the second (2nd) set of comprehensive plan amendments for 2000 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0552, Florida Statutes; and Transmittal Resolution #M99142 page I of2 Initials 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 of91-11.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this "resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the l.lll1>f May , 2000. Mayor Freeman yes Mayor Pro Tem Neugent yes Commissioner Harvey yes Commissioner Williams y t:~ Commissioner Reich yes BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY ~ A_-'2 ~--- Attorney's Office Transmittal Resolution #M99142 page 2 of2 Initials PLANNING COMMISSION RESOLUTIONS Pi9-00 and P20-00 From the regular meeting held on February 23,2000 PC RESOLUTION NO. P19-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY MONROE COUNTY TO AMEND THE FUTURE LAND USE MAP FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM) FOR 21 PROPERTIES IN BLOCKS 1 & 2 OF SEASIDE SUBDIVISION ADDITION 1 AND BLOCK 3 OF SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, AT MILE MARKER 95. WHEREAS, the Monroe County Planning Commission, during a regular meeting held on February 23, 2000, conducted a review and consideration of the request by Monroe County to amend the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Addition 1 and Block 3 of Seaside Subdivision, Section 14, Township 62S, Range 38E, Monroe County, Florida, having the following real estate identification numbers: 00492490-000000, 00492500-000000, 00492510-000000, 00492520-000000, 00088820-000000, 00492530-000000, 00492540-000000, 00492550-000000, 00492560-000000, 00492570-000000, 00492580-000000, 00492590-000000, 00492600-000000, 00492610-000000, 00492620-000000, 00492630-000000, 00492130-000000, 0049220-0000000, 00492190-000000, 00492180-000000 and 00492140-000000. WHEREAS, the Planning Commission examined the following information: 1. The application from Monroe County to change the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM); and 2. The staff report prepared by Theresa Szymanis and Ann Murphy, Comprehensive Planners and Sandra Lee, Upper Keys Biologist, dated November 4, 1999; and 3. The Development Review Committee, reviewed the application at its December 2, 1999 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 P19-00 to Amend FLUM File M#99142 Page I of 4 3. This map amendment has been initiated by Monroe County to address a data error. Since mobile homes or recreational vehicles were not permitted in this district in the pre-1986 zoning, it is questionable why a change was made to allow these uses in this district. What did exist pre-1986 was a mixture of three different commercial and high density residential zoning districts, with a large recreational vehicle park to the north, and a low density subdivision to the south. The 1984 aerial photographs show that all of the commercial and high density residential parcels remained vacant. During the 1986 Plan process, the zoning was simplified by consolidating these parcels under a zoning district that did not reflect the actual land uses on the properties. The Recreational Vehicle (R V) zoning district was chosen even though there is clear distinction, as seen on the 1984 photos, between the RV park with its tightly packed rows of trailers, and the low density single family residences of the subject properties. 4. 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. 5. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use category Mixed Use Commercial (MC) was applied to the subject properties. In January 1999, an administrative boundary interpretation was approved to change Lot 7, Block 3 of Seaside Subdivision from the Urban Residential - Mobile (UR-M) zoning district, and include it in the Improved Subdivision (IS) zoning district. The finding was that, "... the land use district boundaries which indicate that the property is URM were placed in error with the adoption of the September 15, 1986 Land Development Regulations, and therefore, the subsequent maps were also in error and did not follow the previously demarcated Improved Subdivision (IS) boundary". This lot is immediately adjacent to the subject properties. 6. 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. 7. Though FLUMed Mixed Use Commercial (MC), Seaside Subdivision Addition No.1 and is Seaside Subdivision are primarily residential neighborhoods. Each of the developed properties in the subject neighborhood accommodates a single family residence. The Improved Subdivision (IS) district that encompasses Seaside Subdivision is very similar in appearance and use to that found in Seaside Addition No.1. Amalgamating these two homogenous zoning districts into one IS district will ensure that the harmony that exists in the neighborhood is preserved. 8. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the subject properties. pe Resolution P 19-00 to Amend FLUM File M#99142 Page 2 of 4 9. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 10. As the subject properties total 3.27 acres in size, a maximum of 49 RV spaces in trailer parks or 49 hotel rooms could be constructed under the current Future Land Use Mapping category and zoning district, given that environmental regulations permit maximum densities. As there are 21 properties included in this rezoning, the change would allow a maximum of 21 units, thus reducing the densities to 42% of that allowable under the current zoning. 11. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 12. The 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. 13. 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. 14. 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 Planning Commission made the following Conclusions: 1. This map amendment meets the 2nd criteria This map amendment meets the 2nd 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 surrounding neighborhoods. 2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into conformance. 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the findings of the 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 map amendment supports Goal 102 as it will rezone parcels of land on which legal directives have severely restricted allowable uses, and provide opportunities for property owners to enter the Building Permit Allocation System (ROGO) to construct a single family residenc~. PC Resolution P19-00 to Amend FLUM File M#99142 Page 3 of4 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 County sponsored application to change the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Addition 1 and Block 3 of Seaside Subdivision, Section 14, Township 62S, Range 38E, Monroe County, Florida, having the following real estate identification numbers: 00492490-000000, 00492500-000000, 00492510-000000, 00492520-000000, 00088820-000000, 00492530-000000, 00492540-000000, 00492550-000000, 00492560-000000, 00492570-000000, 00492580-000000, 00492590-000000, 00492600-000000, 00492610-000000, 00492620-000000, 00492630-000000, 00492130-000000, 0049220-0000000, 00492190-000000, 00492180-000000 and 00492140-000000. 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 (' PLANNING COMMISSION OF MONROE1COUNTY, FLORIDA · Iv. \ BY;,. l-. ~!/- Mapes, Chair . Signed this I rday of ~ , 2000. \./ APPB.OVED AS TO FORM ~NDLEGALSUFRC~NCY BY I ,- :' ~ " Attorney's Office 7' pe Resolution P19-00 to Amend FLUM File M#99142 Page 4 of 4 Initials PC RESOLUTION NO. P20-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY MONROE COUNTY TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM RECREATIONAL VEHICLE DISTRICT (RV) DISTRICT TO IMPROVED SUBDIVISION DISTRICT (IS) FOR 21 PROPERTIES IN BLOCKS 1 & 2 OF SEASIDE SUBDIVISION ADDITION 1 AND BLOCK 3 OF SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, AT MILE MARKER 95. WHEREAS, the Monroe County Planning Commission, during a regular meeting held on February 23,2000, conducted a review and consideration of the request by Monroe County to amend the zoning map from Recreational Vehic1e District (R V) to Improved Subdivision District (IS) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Addition 1 and Block 3 of Seaside Subdivision, Section 14, Township 62S, Range 38E, Monroe County, Florida, having the following real estate identification numbers: 00492490-000000, 00492500-000000, 00492510-000000, 00492520-000000, 00088820-000000, 00492530-000000, 00492540- 000000, 00492550-000000, 00492560-000000, 00492570-000000, 00492580-000000, 00492590-000000, 00492600-000000, 00492610-000000, 00492620-000000, 00492630- 000000, 00492130-000000, 0049220-0000000, 00492190-000000, 00492180-000000 and 00492140-000000. WHEREAS, the Planning Commission examined the following information: 1. The application from Monroe County to change the Land Use District (zoning) map from Recreational Vehicle (RV) to Improved Subdivision (IS); and 2. The staff report prepared by Theresa Szymanis and Ann Murphy, Comprehensive Planners and Sandra Lee, Upper Keys Biologist, dated November 4, 1999; and 3. The Development Review Committee, reviewed the application at its December 2, 1999 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. pe Resolution 20-00 to Amend Zoning Map File M#99 142 Page I of4 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 Monroe County to address a data error. Since mobile homes or recreational vehicles were not permitted in this district in the pre-1986 zoning, it is questionable why a change was made to allow these uses in this district. What did exist pre-1986 was a mixture of three different commercial and high density residential zoning districts, with a large recreational vehicle park to the north, and a low density subdivision to the south. The 1984 aerial photographs show that all of the commercial and high density residential parcels remained vacant. During the 1986 Plan process, the zoning was simplified by consolidating these parcels under a zoning district that did not reflect the actual land uses on the properties. The Recreational Vehicle (R V) zoning district was chosen even though there is clear distinction, as seen on the 1984 photos, between the R V park with its tightly packed rows of trailers, and the low density single family residences of the subject properties. 4. The subject properties currently have the mapping category Recreational Vehicle District (RV) which does not allow single family homes. 5. The purpose of the Recreational Vehicle (RV) zoning district is to establish areas suitable for the development of destination resorts for recreational vehicles. 6. 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. 7. Though zoned Recreational Vehicle (RV), Seaside Subdivision Addition # 1 and Seaside Subdivision are primarily residential neighborhoods. 8. New transient residential units, such as hotel or motel rooms, or campground, recreational vehicle or travel trailer spaces, shall not be eligible for residential dwelling unit allocations until January 1, 2002. This provision has limited the number of recreational vehicle spaces in Monroe County. 9. A de-facto moratorium on commercial development has been enacted pursuant to Policy 101.3.1, which directs Monroe to maintain a balance between residential and non-residential growth by limiting the gross square footage of non-residential development over the 15 year planning horizon in order to maintain a ratio of approximately 239 square feet of non- residential development for each new residential unit permitted through the Permit Allocation System. This allowance was exceeded, resulting in a moratorium on commercial development. pe Resolution 20-00 to Amend Zoning Map File M#99142 Page 2 of4 Initials 10. These two moratoria in combination, have substantially reduced development options for property owners of these RV zoned parcels. 11. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate zoning map category for the subject properties. 12. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 13. As the subject properties total 3.27 acres in size, a maximum of 49 RV spaces in trailer parks or 49 hotel rooms could be constructed under the current zoning, given that environmental regulations permit maximum densities. As there are 21 properties included in this rezoning, the change would allow a maximum of 21 units, thus reducing the densities to 42% of that allowable under the current zoning. 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. The 1998 Public Facilities Capacity Assessment Report and the listed programs on storm water and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 16. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 17. The proposed 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 2nd 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 surrounding neighborhoods. 2. The proposed zoning map amendment meets Objective 101.8 III 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 pe Resolution 20-00 to Amend Zoning Map File M#99 142 Page 3 of4 Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 4. The map amendment supports Goal 102 as it will rezone parcels of land on which legal directives have severely restricted allowable uses, and provide opportunities for property owners to enter the Building Permit Allocation System (ROGO) to construct a single family residence. 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 County sponsored application to amend the zoning map from Recreational Vehicle District (RV) to Improved Subdivision District (IS) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Addition 1 and Block 3 of Seaside Subdivision, Section 14, Township 62S, Range 38E, Monroe County, Florida, having the following real estate identification numbers: 00492490-000000, 00492500-000000, 00492510-000000, 00492520-000000, 00088820-000000, 00492530- 000000, 00492540-000000, 00492550-000000, 00492560-000000, 00492570-000000, 00492580-000000, 00492590-000000, 00492600-000000, 00492610-000000, 00492620- 000000, 00492630-000000, 00492130-000000, 0049220-0000000, 00492190-000000, 00492180-000000 and 00492140-000000. 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 Il-l-l-I day of ~ PLANNt'NG COMMISSION OF MONRO!? COUNTY. 'iLORIDA , / v BY : . t- -- L Mapes, Chair , \ \. , 2000. BY pe Resolution 20-00 to Amend Zoning Map File M#99142 Page 4 of 4 Initials DRC RESOLUTION NO. D22-99 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST BY MONROE COUNTY TO AMEND THE FUTURE LAND USE MAP FROM MIXED USE COMMERCIAL (MC) TO RESIDENTIAL MEDIUM (RM) FOR 21 PROPERTIES IN BLOCKS 1 & 2 OF SEASIDE SUBDIVISION ADDITION 1 AND BLOCK 3 OF SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, AT MILE MARKER 95. WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on December .2, 1999, conducted a review and consideration of the request by Monroe County to amend the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Addition 1 and Block 3 of Seaside Subdivision, Section 14, Township 62S, Range 38E, Monroe County, Florida, having the following real estate identification numbers: 00492490-00000o, 00492500-00000o, 00492510-00000o, 00492520-000000, 00088820-000000, 00492530-000000, 00492540-00000o, 00492550-00000o, 00492560-000000, 00492570-000000, 00492580-000000, 00492590-00000o, 00492600-00000o, 00492610-000000, 00492620-000000, 00492630-000000, 00492130-00000o, 0049220-00000oo, 00492190-00000o, 00492180-000000 and 00492140-00000o WHEREAS, the Development Review Committee examined the following information: 1. The application from Monroe County to change the Future Land Use Map from Mixed Use Commercial (MC) to Residential Medium (RM); and 2. The staff report prepared by Theresa Szymanis, Comprehensive Planner and Sandra Lee, Upper Keys Biologist, dated November 4, 1999; and WHEREAS, the Development Review Committee made the following Findings of Fact: I. 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#99 142 Page I of 4 Initials -5JL 3. This map amendment has been initiated by Monroe County to address a data error. Since mobile homes or recreational vehicles were not permitted in this district in the pre-1986 zoning, it is questionable why a change was made to allow these uses in this district. What did exist pre-1986 was a mixture of three different commercial and high density residential zoning districts, with a large recreational vehicle park to the north, and a low density subdivision to the south. The 1984 aerial photographs show that all of the commercial and high density residential parcels remained vacant. During the 1986 Plan process, the zoning was simplified by consolidating these parcels under a zoning district that did not reflect the actual land uses on the properties. The Recreational Vehicle (RV) zoning district was chosen even though there is clear distinction, as seen on the 1984 photos, between the RV park with its tightly packed rows of trailers, and the low density single family residences of the subject properties. 4. 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. 5. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use category Mixed Use Commercial (MC) was applied to the subject properties. In January 1999, an administrative boundary interpretation was approved to change Lot 7, Block 3 of Seaside Subdivision from the Urban Residential - Mobile (UR-M) zoning district, and include it in the Improved Subdivision (IS) zoning district. The finding was that, ..... the land use district boundaries which indicate that the property is URM were placed in error with the adoption of the September 15, 1986 Land Development Regulations, and therefore, the subsequent maps were also in error and did not follow the previously demarcated Improved Subdivision (IS) boundary". This lot is immediately adjacent to the subject properties. 6. 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. 7. Though FLUMed Mixed Use Commercial (MC), Seaside Subdivision Addition No. 1 and is Seaside Subdivision are primarily residential neighborhoods. Each of the developed properties in the subject neighborhood accommodates a single family residence. The Improved Subdivision (IS) district that encompasses Seaside Subdivision is very similar in appearance and use to that found in Seaside Addition No.1. Amalgamating these two homogenous zoning districts into one IS district will ensure that the harmony that exists in the neighborhood is preserved. 8. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the subject properties. ORe Resolution to Amend PLUM File M#99142 Page 2 of 4 Initials 7../'-- 9. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 10. As the subject properties total 3.27 acres in size, a maximum of 49 RV spaces in trailer parks or 49 hotel rooms could be constructed under the current Future Land Use Mapping category and zoning district, given that environmental regulations permit maximum densities. As there are 21 properties included in this rezoning, the change would allow a maximum of 21 units, thus reducing the densities to 42% of that allowable under the current zoning. 11. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 12. The 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. 13. 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. 14. 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 Development Review Committee made the following Conclusions of Law: 1. This map amendment meets the 2nd criteria This map amendment meets the 2nd 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 surrounding neighborhoods. 2. The proposed Future Land Use Map amendment meets Objective 101.8 in that it provides a mechanism for the subject properties to come into conformance. 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the findings of the 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 map amendment supports Goal 102 as it will rezone parcels of land on which legal directives have severely restricted allowable uses, and provide opportunities for property owners to enter the Building Permit Allocation System (ROGO) to construct a single family residence. NOW THEREFORE, BE IT RESOL VED 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 ORe Resolution to Amend FLUM File M#99142 Page 3 of 4 Initials fJ(, Future Land Use Map from Mixed Use Commercial (Me) to Residential Medium (RM) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Addition 1 and Block 3 of Seaside Subdivision. Section 14, Township 62S, Range 38E, Monroe County, Florida, having the following real estate identification numbers: 00492490-00000o, 00492500-00000o, 00492510-00000o, 00492520- 00000o, 00088820-00000o, 00492530-00000o, 00492540-00000o, 00492550-00000o, 00492560- 00000o, 00492570-00000o, 00492580-00000o, 00492590-00000o, 00492600-000000, 00492610- 00000o, 00492620-00000o, 00492630-000000, 00492130-00000o, 0049220-0000000, 00492190- 000000, 00492180-00000o and 00492140-000000 PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular meeting held on the 2nd of December, 1999. Edward Koconis, DRC Chair Kim Ogren, Comprehensive Planner Ralph Gouldy, Senior Environmental Resources Planner Department of Public Works Department of Engineering Department of Health YES YES YES YES YES ABSENT ~~VELOP~~~~~~MMITTEEOFMONROECOUNTY Edward Koconis, DRC Chair Signed this ~day of Y'ehu.ry , 2000. ORe Resolution to Amend FLUM File M#99 142 Page 4 of 4 Initials ~ DRC RESOLUTION NO. D23-99 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST BY MONROE COUNTY TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM RECREATIONAL VEHICLE DISTRICT (RV) DISTRICT TO IMPROVED SUBDIVISION DISTRICT (IS) FOR 21 PROPERTIES IN BLOCKS 1 & 2 OF SEASIDE SUBDIVISION ADDITION 1 AND BLOCK 3 OF SEASIDE SUBDIVISION, KEY LARGO, LOCATED IN SECTION 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, AT MILE MARKER 95. WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on December.2, 1999, conducted a review and consideration of the request by Monroe County to amend the zoning map from Recreational Vehicle District (RV) to Improved Subdivision District (IS) for 21 properties in Blocks 1 & 2 of Seaside Subdivision, Addition 1 and Block 3 of Seaside Subdivision, Section 14, Township 62S, Range 38E, Monroe County, Florida, having the following real estate identification numbers: 00492490-000000, 00492500- 000000, 00492510-00000o, 00492520-000000, 00088820-000000, 00492530-00000o, 00492540-000000, 00492550-000000, 00492560-000000, 00492570-00000o, 00492580- 000000, 00492590-00000o, 00492600-000000, 00492610-000000, 00492620-00000o, 00492630-00000o,00492130-000000,0049220-0000000, 00492190-000000, 00492180-00000o and 00492140-000000. WHEREAS, the Development Review Committee examined the following information: 1. The application from Monroe County to change the Land Use District (zoning) map from Recreational Vehicle (RV) to Improved Subdivision (IS); and 2. The staff report prepared by Theresa Szymanis, Comprehensive Planner and Sandra Lee, Upper Keys Biologist, dated November 4, 1999; 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. ORe Resolution to Amend Zoning Map File M#99 142 Page I of 4 Initials fI 3. This map amendment has been initiated by Monroe County to address a data error. Since mobile homes or recreational vehicles were not permitted in this district in the pre-1986 zoning, it is questionable why a change was made to allow these uses in this district. What did exist pre:-1986 was a mixture of three different commercial and high density residential zoning districts, with a large recreational vehicle park to the north, and a low density subdivision to the south. The 1984 aerial photographs show that all of the commercial and high density residential parcels remained vacant. During the 1986 Plan process, the zoning was simplified by consolidating these parcels under a zoning district that did not reflect the actual land uses on the properties. The Recreational Vehicle (RV) zoning district was chosen even though there is clear distinction, as seen on the 1984 photos, between the RV park with its tightly packed rows of trailers, and the low density single family residences of the subject properties. 4. The subject properties currently have the mapping category Recreational Vehicle District (RV) which does not allow single family homes. 5. The purpose of the Recreational Vehicle (RV) zoning district is to establish areas suitable for the development of destination resorts for recreational vehicles. 6. 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. 7. Though zoned Recreational Vehicle (RV), Seaside Subdivision Addition # 1 and Seaside Subdivision are primarily residential neighborhoods. 8. New transient residential units, such as hotel or motel rooms, or campground, recreational vehicle or travel trailer spaces, shall not be eligible for residential dwelling unit allocations until January 1, 2002. This provision has limited the number of recreational vehicle spaces in Monroe County. 9. A de-facto moratorium on commercial development has been enacted pursuant to Policy 101.3.1, which directs Monroe to maintain a balance between residential and non-residential growth by limiting the gross square footage of non-residential development over the 15 year planning horizon in order to maintain a ratio of approximately 239 square feet of non- residential development for each new residential unit permitted through the Permit Allocation System. This allowance was exceeded, resulting in a moratorium on commercial development. IO.These two moratoria in combination, have substantially reduced development options for property owners of these RV zoned parcels. ORe Resolution to Amend Zoning Map File M#99 142 Page 2 of 4 Initials ~ 11. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate zoning map category for the subject properties. 12. Section 9.5-511 prohibits any amendments to the text which would negatively impact community character. 13. As the subject properties total 3.27 acres in size, a maximum of 49 RV spaces in trailer parks or 49 hotel rooms could be constructed under the current zoning, given that environmental regulations permit maximum densities. As there are 21 properties included in this rezoning, the change would allow a maximum of 21 units, thus reducing the densities to 42% of that allowable under the current zoning. 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. The 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. 16. 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. 17. 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 Development Review Committee made the following Conclusions of Law: 1. This map amendment meets the 2nd 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 surrounding neighborhoods. 2. The proposed zoning map amendment meets Objective 101.8 In 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. ORe Resolution to Amend Zoning Map File M#99142 Page 3 of 4 Initials ~;:, , .. ... 4. The map amendment supports Goal 102 as it will rezone parcels of land on which legal directives have severely restricted allowable uses, and provide opportunities for property owners to enter the Building Permit Allocation System (ROGO) to construct a single family residence. 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- 000000, 00492390-00000o and 00088780-00000o. PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular meeting held on the 2nd of December, 1999. Edward Koconis, DRC Chair Kim Ogren, Comprehensive Planner Ralph Gouldy, Senior Environmental Resources Planner Department of Public Works Department of Engineering Department of Health YES YES YES YES YES ABSENT DEVELOP~NT l\EyJEW CpMMTIlEE OF MONROE COUNTY BY tiiJl TlAclJ\c1 fJt\IYJ Edward Koconis, DRC Chair Signed this 8ilLday of f~ ,2000. ORe Resolution to Amend Zoning Map File M#99142 Page 4 of 4 Initials 4 ~