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Item P4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 16,2001 Division: Growth Management Bulk Item: Yes No X Department:Planning & Environmental Resources AGENDA ITEM WORDING: A public hearing to consider a DCA Transmittal Resolution to amend the Future Land Use Map from Recreation (R) to Residential Medium (RM) and to amend the Land Use District (Zoning) Map from Park and Refuge (PR) to Improved Subdivision (IS), for part of Tract A, Harbor Course Section 4, Ocean Reef Plat 13, Ocean Reef Club. ITEM BACKGROUND: On April 5, 2001 the Development Review Committee recommended approval of both items to the Planning Commission. On April 25, 2001 the Planning Commission recommended approval of both items to the Board of County Commissioners. PREVIOUS REVELANT BOCC ACTION: NONE CONTRACT/AGREEMENT CHANGES: NONE STAFF RECOMMENDATIONS: APPROVAL TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/ A Year N/A APPROVED BY: County Atty ~ DOCUMENTATION: Included X ,AICP DIVISION DIRECTOR APPROVAL: AGENDA ITEM #~ DISPOSITION: Revised 2/27/01 1;~ LEONARD LOVALLO HARBOR COURSE SECTION FOUR, OCEAN REEF PLAT NO. 13 FUTURE LAND USE MAP AMENDMENT AND LAND USE DISTRICT (ZONING) MAP AMENDMENT TRANSMITTAL HEARING BOARD OF COUNTY COMMISSIONERS KEY LARGO LIBRARY MAY 16,2000 PROPOSED FUTURE LAND USE AMENDMENT RECREATION (R) TO RESIDENTIAL MEDIUM (RM) & PROPOSED ZONING AMENDMENT PARK AND REFUGE (PR) TO IMPROVED SUBDIVISION (IS) This map amendment is for changing the Future Land Use Map designation from Recreation (R) to Residential Medium (RM) and the zoning from Park and Refuge (PR) to Improved Subdivision (IS) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East on North Key Largo, Monroe County, located within the Ocean Reef Club at the northern terminus of County Highway 905 FUTURE LAND USE RECOMMENDATIONS Staff: Approval March 30, 2001 Staff Report DRC: Approval April 5, 2001 Resolution #D08-01 PC: Approval April 25, 2001 Resolution #P25-01 ZONING RECOMMENDATIONS Staff: Approval March 30, 2001 Staff Report DRC: Approval April S, 2001 Resolution #D09-01 PC: Approval April 25, 2001 Resolution #P26-01 RESOLUTION NO. -2001 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS OF THE REQUEST BY LEONARD LOVALLO TO AMEND THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RECREATION (R) TO RESIDENTIAL MEDIUM (RM) FOR PROPERTY DESCRIBED AS PART OF TRACT A, HARBOR COURSE SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY LARGO, LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH, RANGE 40 EAST, LOCATED WITHIN THE OCEAN REEF CLUB AT THE NORTHERN TERMINUS OF COUNTY HIGHWAY 905, HAVING THE REAL ESTATE IDENTIFICATION NUMBER 00573670.005903 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 property described above; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested future land use designation change; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board of County Commissioners does hereby adopt the recommendations of the Planning Commission pursuant to the draft ordinance for adoption of the proposed Future Land Use Map amendment. Section 2. The Board of County Commissioners does hereby transmit the proposed amendment as part of the second (2nd) set of comprehensive plan amendments for 2001 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statutes; and Section 3. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of9J-11.006 ofthe Florida Administrative Code; and Page 1 of2 Initials C:\TEMP\Transmi2.doc Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the _ of , 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 Neugent (Seal) ATTEST: DANNY L. KOLHAGE, CLERK APPROVED AS TO FORM . lAND, ~DA.^:SU~rN~~// BY! -(./ l ./ l ~, Attorney's Office. Deputy Clerk Page 2 of2 Initials C:\TEMP\Transmi2.doc DRAFT FLUM ORDINANCE AND MAP EXHIBIT 1 ORDINANCE NO. -2001 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY LEONARD LOV ALLO TO AMEND THE FUTURE LAND USE MAP FROM RECREATION (R) TO RESIDENTIAL MEDIUM (RM) FOR PROPERTY DESCRIBED AS PART OF TRACT A, HARBOR COURSE SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY LARGO, LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH, RANGE 40 EAST, LOCATED WITHIN THE OCEAN REEF CLUB AT THE NORTHERN TERMINUS OF COUNTY HIGHWAY 905 WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on May 16, 2001, conducted a review and consideration of the request filed by Leonard Lovallo to amend the Future Land Use Map from Recreation (R) to Residential Medium (RM) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903; and WHEREAS, the Development Review Committee, Planning Commission, and staff report all recommended approval of this future land use map amendment from R to RM as indicated in Resolutions D08-0 1 and P25-0 1; and WHEREAS, the Planning Commission held a public hearing on April 25, 2001 and recommends approval of the request; and WHEREAS, the Board of County Commissioners made the following Findings of Fact: 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This map amendment recognizes new issues [Section 9.5-511 (d)(5)b(iv)] of the Monroe County Code. The applicant's agent initiated the application in order to rezone the subject property to a land use district that allows for the construction of a single family home on the proposed combined parcel. 3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential. 4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was changed to Sparsely Settled (SS). File #MOl153 Page 1 of 4 Initials W:\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\Bocc\Bocc FLUM Ordinance. doc 5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took effect January 4, 1996, followed the land use district boundary and adopted a future land use category of Residential Low (RL). 6. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of the Residential Low (RL) Future Land Use category is to provide for low-density residential development in partially developed areas with substantial native vegetation. Low intensity public and low intensity institutional uses are also allowed. 7. On June 23, 2000, a Future Land Use Map change became effective for the subject property. The future land use category was changed to Recreation (R). 8. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal purpose of the Recreation land use category is to provide for public and private activity-based and resource-based recreational facilities. 9. On November 10, 2000, a Land Use District Map change became effective for the subject property. The land use district was changed to Park and Refuge (PR). This change corresponded to the future land use category of Recreation (R). 10. According to the Monroe County Code, there was no setback required to a freshwater wetland prior to the adoption of the Year 2010 Comprehensive Plan. 11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open space buffer for development adjacent to wetlands. This created a situation where Lot 1, as currently configured, does not have sufficient area available to construct a single-family house and meet the County wetland setback and open space requirements. 12. Section 9.5-511 prohibits any map amendments that would negatively impact community character. 13. The residential neighborhood in which the subject property is located is designed around the Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the only residential land use district in the area. 14. The Residential Medium (RM) Future Land Use category corresponds with the Improved Subdivision (IS) land use category and therefore is the most appropriate land use category for the subject property. 15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. File #M01153 Page 2 of 4 Initials W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\Bocc\Bocc FLUM Ordinance.doc 16. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 18. The proposed map amendment supports Goal 102. The County Biologist is confident that construction of a single-family home on Lot 1 and the subject property can adequately protect the wetland on the property. In addition, the fact that the property is surrounded on three sides by development or land designated for development and is essentially an isolated finger of hammock makes acquisition by the government an unappealing option. Protection of the wetland is possible through private ownership of the parcel. 19. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical or minor changes to a previously approved or recorded plat; and WHEREAS, the Board of County Commissioners made the following Conclusions of Law: 1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the requirements of Section 9.5-213 of the Monroe County Land Development Regulations. 2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur, the County Biologist believes that adequate surface water management will protect the integrity and function of the wetland area. In addition, because the property is surrounded on three sides by development and is essentially an isolated finger of hammock, acquisition by the government is not a preferred option. Protection of the wetland is possible through private ownership of the parcel; 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 designated Recreation (R) shall be designated Residential Medium (RM) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. File #M01153 Page 3 of4 Initials W: \Planning\ Working F olders\Schultz-Marty\Map Amendments\Lovallo\Bocc\Bocc FLUM Ordinance. doc 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 state land planning agency for review and comment pursuant to Chapter 163, 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 a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , A.D., 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 Neugent (SEAL) A TTEST: DANNY KOLHAGE, CLERK APP~G'/~ AS TO FORM I AND LI20.\~ S:,L:FflCIENCY / ~ ( , BY -.t /L, ' , /\ /{'-....--- ,"--"'" Attorney's Office DEPUTY CLERK File #MOl153 Page 4 of 4 Initials W: \Planning\ Working F olders\Schultz-Marty\Map Amendments\Lovallo\Bocc\Bocc FLUM Ordinance. doc Exhibit 1 -. ", " r , , . ,.- ~, . 'It I RL . ,. ir .,"',,'''' can~ ~OO@ ~u~ · lSel \'1I\t$ SOlA.M AtLCl V\ti.c OCeCl V\, . RtoRM The Monroe County Year 2010 Comprehensive Plan Future N land Use Map is proposed to be amended as indicated above and briefly described as: Chanae a DOrtion otTract "An of Harbor Course, Sec.4, Ocean Reef Plat #13, RE# 573670.005903, Key Lama, Florida. from Reaeational (R)) to Residential Medium (RM) Date: 4/5101 Amendment #: 01153 Sheet #: DRAFT REZONING ORDINANCE AND MAP EXHIBIT 1 ORDINANCE NO. -2001 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY LEONARD LOV ALLO TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM PARK AND REFUGE (PR) TO IMPROVED SUBDIVISION (IS) FOR PROPERTY DESCRIBED AS PART OF TRACT A, HARBOR COURSE SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY LARGO, LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH, RANGE 40 EAST, LOCATED WITHIN THE OCEAN REEF CLUB AT THE NORTHERN TERMINUS OF COUNTY HIGHWAY 905 WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on May 16, 2001, conducted a review and consideration of the request filed by Leonard Lovallo to amend the Land Use District (Zoning) Map from Park and Refuge (PR) to Improved Subdivision (IS) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903; and WHEREAS, the Development Review Committee, Planning Commission, and staff report all recommended approval of this land use district (zoning) map amendment from PR to IS as indicated in Resolutions D09-01 and P26-01; and WHEREAS, the Planning Commission held a public hearing on April 25, 2001 and recommends approval of the request; and WHEREAS, the Board of County Commissioners made the following Findings of Fact: 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County Code. The applicant's agent initiated the application in order to rezone the subject property to a land use district that allows for the construction of a single family home on the proposed combined parcel. 3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential. 4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was changed to Sparsely Settled (SS). File #MOl153 Page 1 of 4 Initials W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\Bocc\Bocc MAP Ordinance. doc 5. Section 9.5-209 of the Land Development Regulations states that the purpose of the Sparsely Settled (SS) land use district is to establish areas of low-density residential development where the predominant character is native or open space lands. 6. On November 10, 2000, a Land Use District Map change became effective for the subject property. The land use district was changed to Park and Refuge (PR). 7. Section 9.5-224 of the Land Development Regulations states that the purpose of the Park and Refuge (PR) land use district is to establish and protect areas as parks, recreational areas and wildlife refuges. 8. According to the Monroe County Code, there was no setback required to a freshwater wetland prior to the adoption of the Year 2010 Comprehensive Plan. 9. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open space buffer for development adjacent to wetlands. This created a situation where Lot 1, as currently configured, does not have sufficient area available to construct a reasonably-sized single family house in character with the neighborhood that will meet the County wetland setback and open space requirements. 10. Section 9.5-511 prohibits any map amendments that would negatively impact community character 11. The residential neighborhood in which the subject property is located is designed around the Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the only residential land use district in the area. 12. Section 9.5-213 of the Land Development Regulations states that the purpose of the Improved Subdivision (IS) district is to accommodate the legally vested residential 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 accommodate the proposed use in accordance with the required setbacks. This district is not intended to be used for new land use districts of this classification within the county. 13. Harbor Course Section Four, Ocean Reef Plat No. 13 is a legally vested residential subdivision. In addition, the single-family homes near the subject property and the general residential character of the surrounding neighborhood are reflective of the purpose of the Improved Subdivision (IS) land use district. 14. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached dwellings of all types, and therefore is the most applicable zoning district, should construction be permitted. File #MOl153 Page 2 of 4 Initials W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\Bocc\Bocc MAP Ordinance. doc 15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 16. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 18. The proposed map amendment supports Goal 102. The County Biologist is confident that construction of a single-family home on Lot 1 and the subject property can adequately protect the wetland on the property. In addition, the fact that the property is surrounded on three sides by development or land designated for development and is essentially an isolated finger of hammock makes acquisition by the government undesirable. Protection of the wetland is possible through private ownership of the parcel. 19. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical or minor changes to a previously approved or recorded plat; and WHEREAS, the Board of County Commissioners made the following Conclusions of Law: 1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the requirements of Section 9.5-213 of the Monroe County Land Development Regulations. 2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur, the County Biologist believes that adequate surface water management will protect the integrity and function of the wetland area. In addition, because the property is surrounded on three sides by development and is essentially an isolated finger of hammock, acquisition by the government is not a preferred option. Protection of the wetland is possible through private ownership of the parcel; 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. File #MOl153 Page 3 of4 Initials W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\Bocc\Bocc MAP Ordinance. doc Section 2. The previously described properties, which are currently designated Park and Refuge (PR) shall be designated Improved Subdivision (IS) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Land Use District (Zoning) Map shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or 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 state land planning agency for review and comment pursuant to Chapter 163, 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 a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , A.D., 2001. Mayor George Neugent Mayor Pro Tern Nora Williams Commissioner Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner Dixie Spehar APPROVED AS TO FORM , AND L:;dAL SUFFJCIENCY I BY / /--1 (/ C ; ij Attomeyis Office '/ / BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Neugent (SEAL) ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK File #MOl153 Page 4 of 4 Initials W: \Planning\ Working F olders\Schultz-Marty\Map Amendments\Lovallo\Bocc\Bocc MAP Ordinance.doc Exhibit I I PR ; I . ...---- 1 I I . "'-AV a I . . -~ . . sel I " '" , . PR The Monroe County Land Use Map is proposed to be N amended as indicated above and briefly described as: Chanqe zoninQ from Park s & Refuqe (PR) to Imoroved Subdivision (IS) for a POrtion as deoicted above of Tract "A" of Harbor Course, Sec.4, Ocean Reef Plat #13, RE# 573670.005903. Kev Laroo, Florida, Date: 4/5,{)1 Amendment #: 01153 Sheet #: 63 MEMORANDUM TO: Board of County Commissioners THROUGH: K. Marlene Conaway, Director of Planning FROM: Martin Schultz, Senior Planner Ralph Gouldy, Biologist RE: Lovallo, Harbor Course Section Four Future Land Use Map Amendment R to RM Official Land Use District Map Amendment (Rezoning) PR to IS File MOllS3 DATE: April 23, 2001 MEETING DATE: May 16,2001 EXISTING FUTURE LAND USE DESIGNATION: Recreation (R) PROPOSED FUTURE LAND USE DESIGNATION: Residential Medium (RM) EXISTING ZONING DESIGNATION: Parks and Refuge (PR) PROPOSED ZONING DESIGNATIONS: Improved Subdivision (IS) PROPERTY OWNER: Leonard Lovallo AGENT: Hershoff, Lupino, and Mulick, LLC PROPERTY INFORMATION Key: Key Largo Size: 0.1754 acres Mile Marker: within the Ocean Reef Club, Northern Terminus of County Highway 905 Lovallo Land Use District and Future Land Use Map Amendment File #MO 1153 Location Detail & Brief Description: The subject property is located within the Ocean Reef Club and is adjacent to the 4th hole of Harbor Course. The property is accessible from South Bridge Lane by vehicle or from Harbor Course on foot. The property lies between a residential lot also owned by the applicant and the golf course. The subject property is legally described as a portion of Tract A, Harbor Course Section 4, Ocean Reef Plat No. 13, with the real estate number 00573670.005903. Existing and Proposed Use: The subject property is currently vacant. The applicant owns both the subject property and Lot I, Block 3, Harbor Course Section 4, Ocean Reef Plat No. 13, which is adjacent to the subject property. Lot 1 is currently zoned Improved Subdivision (IS) and is also vacant. The applicant is requesting the zoning of the subject property be changed to IS so he has additional buildable area in which to construct a single-family house. According to the application, changes in County wetland setbacks and Ocean Reef building regulations have rendered Lot 1 unbuildable on its own and therefore it is necessary to rezone the subject property in order to gain additional lands on which a single- family home would be a permitted use. Existing Habitat: Harbor Course Section Four, Ocean Reef Plat No. 13 is a platted subdivision that is serviced by public utilities. The subject property likely consists of a moderate quality hardwood hammock. Lot 1, which is adjacent to the subject property, contains a "red flag" freshwater wetland. This wetland determination was reviewed by a site visit on August 28, 2000, by County Biologists Jeanette Hobbs and Ralph Gouldy. They determined the northern edge of the wetland to be 25 to 30 feet closer to the northern property boundary line than previously flagged. The upland portion of the property consists of moderate quality hardwood hammock, which also extends through the subject property. The subject property falls within the AE-8' flood zone per FIRM panel 0666H, effective date December 20, 2000. Land Use and Habitat on the 1985 Existing Conditions Aerials: The Monroe County 1985 aerial existing conditions maps, sheet 330, shows the area as tropical hardwood hammock (426). Neighboring Land Uses and Character: This area near the subject property is predominantly residential in character. Along with the golf course, the only non-residential use nearby is the Spa and Fitness Center nearby on South Harbor Drive. There is a mixture of developed and undeveloped residential lots in the area. Lovallo Land Use District and Future Land Use Map Amendment File #MOl153 2 ZONING AND LAND USE HISTORY Pre-1986 Zoning: The pre-1986 zoning for the subject property was RU-l, Single-Family Residential District (Section 19-194). This zoning applied to a large area that included what is now the Harbor Course Golf Course and the residential subdivisions in the area. The RU-l district was intended to provide residential areas consisting of lots having an area of at least eight thousand (8,000) square feet. Considerations During the 1986 Comprehensive Plan Process: During the 1986 Comprehensive Plan process, the subject property was zoned Sparsely Settled (SS). Prior to the 1986 rezoning, the golf course was zoned RU-l. Since a golf course did not meet the goals of a single-family residential district, the areas that were considered part of the golf course were changed to SS. In an SS zone, parks are minor conditional uses. Considerations During the Year 2010 Comprehensive Plan Process: During the Year 2010 Comprehensive Plan process, the Future Land Use category Residential Low (RL) was applied to the subject property. This designation corresponded to the zoning designation of Sparsely Settled (SS). Map Changes or Boundary Considerations Since 1986: In 1993, the subject property was deeded to the former owner of Lot 1. The property then consisted of two separate land use districts. Lot 1 was an IS lot, while the subject property continued on with the SS land use district, which allows one dwelling unit per two acres. On November 10,2000, a Land Use District Map and Future Land Use Map change took effect for all of Harbor Course and Dolphin Course, which includes the subject property. The zoning was changed to Park and Refuge (PR) while the FLUM designation was changed to Recreation (R). The PR land use district does not allow single-family dwellings. Staff determined that SS, which is essentially a low-density residential designation, was not appropriate. Since active and passive recreational uses are as-of-right in the PR land use district, this designation fit the golf course better than SS. In addition, the corresponding FLUM designation of Recreation clearly is in line with the recreational purpose of a golf course. ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b): Changed Projections or Assumptions: None Data Errors: None. Lovallo Land Use District and Future Land Use Map Amendment File #MOl153 3 New Issues: The former owner of Lot 1 purchased it in 1988. At that time, there was no setback for freshwater wetlands. As mentioned above, the subject property was deeded to the former owner of Lot 1 in 1993. This afforded the owner the opportunity to construct a home on Lot 1 of the minimum size to conform to Ocean Reef Club architectural standards and setbacks. On January 4 1996, however, Policy 204.2.6 of the newly adopted Year 2010 Comprehensive Plan went into effect. This policy required vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for development adjacent to wetlands. This essentially made the lot unbuildable according to County and Ocean Reef standards. The rezoning of the subject parcel would give the applicant additional lands in order to apply to build a single-family home on the combined parcel. Recognition of a Need for Additional Detail or Comprehensiveness: None Data Updates: None IMP ACT AND POLICY ANALYSIS Comparison of Development Potential for the Current and Proposed Land Uses: 1. Current Land Development Regulations (LDRs) Section 9.5-224 states that the purpose of the Parks and Refuge (PR) land use district is to establish and protect areas as parks, recreational areas, and wildlife refuges. Allowable uses in the Parks and Refuge land use district pursuant to Section 9.5-253, pertinent to the text amendment include: Uses permitted as of right include: · Active and passive recreational uses · Public buildings and uses . Marinas Uses permitted as minor conditional uses include: . Campgrounds . Hotels of fewer than twelve (12) rooms Uses permitted as major conditional uses include: . Stealth wireless communication facilities The Future Land Use Category that corresponds to the Parks and Refuge land use district is Recreation (R). Policy 101.4.9 of the Year 2010 Comprehensive Plan states that the principal Lovallo Land Use District and Future Land Use Map Amendment File #M01153 4 purpose of the Recreation land use category is to provide for public and private activity-based and resource-based recreational facilities. 2. Potential Land Uses With Proposed Map Amendment 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 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 accommodate the proposed use in accordance with the required setbacks. This district is not intended to be used for new land use districts of this classification within the County. Allowable uses in the Improved Subdivision (IS) land use district pursuant to Section 9.5-242, pertinent to the text amendment include: Uses permitted as ofright include: . Detached dwellings of all types . Home occupations, with a special use permit . Accessory Uses · Vacation rentals, if the homeowner's or property owner's association expressly regulates or manages vacation rental uses Uses permitted as minor conditional uses include: . Parks and community parks . Public parks . Schools Uses permitted as major conditional uses include: · Commercial retail of low- and medium-intensity and office uses or any combination thereof of less than twenty-five hundred (2,500) square feet of floor area. The Future Land Use Category that corresponds with the Improved Subdivision (IS) land use district is Residential Medium (RM). Policy 101.4.3 of the Year 2010 Comprehensive Plan states that the principal purpose of the RM future land use category is to recognize those portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have an approved potable water supply, and have sufficient uplands to accommodate the residential uses. Development on vacant lands 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. Lands within this land use category shall not be further subdivided. Lovallo Land Use District and Future Land Use Map Amendment File #MOl153 5 Compatibility With Adjacent Land Uses and Effects on Community Character: The Monroe County Land Development Regulations address this issue with Section 9.5-511 of the LDRs. This prohibits any amendments that would negatively impact community character. The proposed map amendment will not result in a conflict with the character of the surrounding community based on the following findings: Density and Intensity The density is not affected by this map amendment. The applicant is pursuing a change in the zoning of the subject property so the zoning is consistent with the zoning of Lot 1, Block 3, Harbor Course Section 4, Ocean Reef Plat No. 13. When this subdivision was originally platted, one dwelling unit was allocated for the each lot in the subdivision. This request from the applicant will not exceed what is already allocated in the original plat. Should this application be approved, the open space requirement will likely be 0.60, which is the requirement for moderate-quality hammock. This ratio is in keeping with the community character of the area, considering the likelihood that neighboring residential properties have the same type of hammock and therefore the same open space requirements. Use Compatibility The rezoning of the subject property is to give the applicant additional lands zoned for single-family dwellings. This will allow a compatible use considering that this area of Harbor Course is already a residential neighborhood with existing homes. Local Traffic and Parking Roads are already in place to serve a subdivision with dwellings on every lot. The map amendment will have no effect on local traffic or parking. Effects on Natural Resources: Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. The County Biologist is confident that construction of a single-family home on Lot 1 and the subject property can adequately protect the wetland on the property. In addition, the fact that the property is surrounded on three sides by development or land designated for development and is essentially an isolated finger of hammock makes acquisition by the government an unappealing option. Protection of the wetland is possible through private ownership of the parcel. Lovallo Land Use District and Future Land Use Map Amendment File #MOl153 6 Effects on Public Facilities: Objective 101.11 of the Year 2010 Comprehensive Plan requires the County to direct future growth away from environmentally sensitive land and towards established development areas served by existing public facilities. The proposed land use change supports Objective 101.11 based on the following findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. Traffic Circulation The Ocean Reef Club utilizes Card Sound Road in the event of a hurricane, and therefore does not pose any impact to either hurricane evacuation times or level of service on US 1. In addition, there is adequate circulation in the Harbor Course subdivision. 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 waste 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 2001. The proposed land use change is not anticipated to have a significant effect on potable water withdrawals. Storm water It is unlikely that a net increase in stormwater runoff could result from this land use change as Section 9.5-293 of the Land Development Regulations requires that all developments retain stormwater on site following Best Management Practices (BMP). Construction within the limited clearing allowed in tropical hardwood hammocks usually does not result in upland runoff, since trees remaining on site utilize the rainwater. Also, pursuant to Policy 1001.1.1, all projects shall be designed so that the discharges will meet Florida State Water Quality Standards Compliance review for these sections is determined by the Environmental Resources Department and the Department of Health and occurs at the time a development permit has been filed. In addition, Monroe County and the South Florida Water Management District, acting in accordance with Governor Chiles' Executive Order No. 96-108, have developed an agreement for the development of a Stormwater Management Master Plan. In this regard, no negative effects from the proposal are anticipated. Effects on RedevelopmentJInfill Potential: The proposed land use change will not have any effect on infill and redevelopment potential. Lot 1 was designed for residential development and the rezoning of the subject property will give the Lovallo Land Use District and Future Land Use Map Amendment 7 File #MOl153 applicant more lands in which to apply to for a building permit for a residential home and still allow protection of the wetland on the property. Action by the Development Review Committee: At the April 5, 2001 meeting of the Development Review Committee, staff voted unanimously to recommend approval to the Planning Commission of the zoning change from Park and Refuge (PR) to Improved Subdivision (IS) and the FLUM change from Recreation (R) to Residential Medium (RM). FINDINGS OF FACT 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This map amendment recognizes new issues [Section 9.5-511 (d)(5)b(iv)] of the Monroe County Code. The applicant's agent initiated the application in order to rezone the subject property to a land use district that allows for the construction of a single family home on the subject property and Lot 1. 3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential. 4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was changed to Sparsely Settled (SS). The purpose of the SS land use district is to establish areas of low-density residential development where the predominant character is native or open space lands. 5. On November 10, 2000, a Land Use District Map change took effect for the subject property. The land use district was changed to Park and Refuge (PR). The purpose of the PR land use district is to establish and protect areas as parks, recreational areas and wildlife refuges. 6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took effect January 4, 1996, followed the land use district boundary and adopted a future land use category of Residential Low (RL). 7. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of the Residential Low (RL) Future Land Use category is to provide for low-density residential development in partially developed areas with substantial native vegetation. Low intensity public and low intensity institutional uses are also allowed. 8. On June 23, 2000, a Future Land Use Map change took effect for the subject property. The future land use category was changed to Recreation (R). 9. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal purpose of the Recreation land use category is to provide for public and private activity-based and resource-based recreational facilities. Lovallo Land Use District and Future Land Use Map Amendment File #MOl153 8 10. According to the Monroe County Code, there was no setback required to a freshwater wetland prior to the adoption of the Year 2010 Comprehensive Plan. 11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open space buffer for development adjacent to wetlands. 12. Section 9.5-511 prohibits any map amendments that would negatively impact community character. 13. The residential neighborhood in which the subject property is located is designed around the Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the only residential land use district in the area. 14. Section 9.5-213 of the Land Development Regulations states that the purpose of the Improved Subdivision (IS) district is to accommodate the legally vested residential 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 accommodate the proposed use in accordance with the required setbacks. This district is not intended to be used for new land use districts of this classification within the county 15. Harbor Course Section Four, Ocean Reef Plat No. 13 is a legally vested residential subdivision. In addition, the single-family homes near the subject property and the general residential character of the surrounding neighborhood are reflective of the purpose of the Improved Subdivision (IS) land use district. 16. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached dwellings of all types, and therefore is the most applicable zoning district, should construction be permitted. 17. The Residential Medium (RM) Future Land Use category corresponds with the Improved Subdivision (IS) land use category and therefore is the most appropriate land use category for the subject property. 18. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 19. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. Lovallo Land Use District and Future Land Use Map Amendment File #MOl153 9 20. 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. 21. The proposed map amendment supports Goal 102. The County Biologist is confident that construction of a single-family home on Lot 1 and the subject property can adequately protect the wetland on the property. In addition, the fact that the property is surrounded on three sides by development or land designated for development and is essentially an isolated finger of hammock makes acquisition by the government an unappealing option. Protection of the wetland is possible through private ownership of the parcel. 22. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical or minor changes to a previously approved or recorded plat. CONCLUSIONS OF LAW 1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the requirements of Section 9.5-213 of the Monroe County Land Development Regulations. 2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur, the County Biologist believes that adequate surface water management will protect the integrity and function of the wetland area. In addition, because the property is surrounded on three sides by development and is essentially an isolated finger of hammock, acquisition by the government is not a preferred option. Protection of the wetland is possible through private ownership of the parcel. RECOMMENDATION Based on the Findings of Fact and Conclusions of Law, the Planning Commission recommends APPROVAL to the Board of County Commissioners of the proposed Future Land Use Map amendment from Recreation (R) to Residential Medium (RM) and the proposed Official Land Use District (Zoning) Map amendment from Parks and Refuge (PR) to Improved Subdivision (IS). Lovallo Land Use District and Future Land Use Map Amendment File #M01153 10 PLANNING COMMISSION RESOLUTIONS P25-01 AND P26-01 PC RESOLUTION NO. P25-01 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY LEONARD LOV ALLO TO AMEND THE FUTURE LAND USE MAP FROM RECREATION (R) TO RESIDENTIAL MEDIUM (RM) FOR PROPERTY DESCRIBED AS PART OF TRACT A, HARBOR COURSE SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY LARGO, LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH, RANGE 40 EAST, LOCATED WITHIN THE OCEAN REEF CLUB AT THE NORTHERN TERMINUS OF COUNTY HIGHWAY 905 WHEREAS, the Monroe County Planning Commission, during a regular meeting held on April 25, 2001, conducted a review and consideration of the request filed by Leonard Lovallo to amend the Future Land Use Map from Recreation (R) to Residential Medium (RM) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903; and WHEREAS, the Planning Commission examined the following information: I. The application from the applicant to change the Future Land Use Map from Recreation (R) to Residential Medium (RM); and 2. The staff report prepared by Martin Schultz, Senior Planner and Ralph Gouldy, Senior Administrator-Environmental Resources, dated April 9, 2001; and WHEREAS, the Planning Commission made the following Findings of Fact: 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County Code. The applicant's agent initiated the application in order to rezone the subject property to a land use district that allows for the construction of a single family home on the proposed combined parcel. 3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential. File #MOl153 Page 1 of 4 Initials W:\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC FLUM Resolution.doc 4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was changed to Sparsely Settled (SS). 5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took effect January 4, 1996, followed the land use district boundary and adopted a future land use category of Residential Low (RL). 6. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of the Residential Low (RL) Future Land Use category is to provide for low-density residential development in partially developed areas with substantial native vegetation. Low intensity public and low intensity institutional uses are also allowed. 7. On June 23, 2000, a Future Land Use Map change became effective for the subject property. The future land use category was changed to Recreation (R). 8. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal purpose of the Recreation land use category is to provide for public and private activity-based and resource-based recreational facilities. 9. On November 10, 2000, a Land Use District Map change became effective for the subject property. The land use district was changed to Park and Refuge (PR). This change corresponded to the future land use category of Recreation (R). 10. According to the Monroe County Code, there was no setback required to a freshwater wetland prior to the adoption of the Year 2010 Comprehensive Plan. 11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open space buffer for development adjacent to wetlands. This created a situation where Lot 1, as currently configured, does not have sufficient area available to construct a reasonably-sized single-family house in character with the neighborhood that will meet the County wetland setback and open space requirements. 12. Section 9.5-511 prohibits any map amendments that would negatively impact community character. 13. The residential neighborhood in which the subject property is located is designed around the Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the only residential land use district in the area. 14. The Residential Medium (RM) Future Land Use category corresponds with the Improved Subdivision (IS) land use category and therefore is the most appropriate land use category for the subj ect property. File #MOl153 Page 2 of 4 Initials W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC FLUM Resolution.doc 15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 16. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 18. The proposed map amendment supports Goal 102. The County Biologist is confident that construction of a single-family home on Lot 1 and the subject property can adequately protect the wetland on the property. In addition, the fact that the property is surrounded on three sides by development or land designated for development and is essentially an isolated finger of hammock makes acquisition by the government an unappealing option. Protection of the wetland is possible through private ownership of the parcel. 19. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical or minor changes to a previously approved or recorded plat; and WHEREAS, the Planning Commission made the following Conclusions of Law: 1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the requirements of Section 9.5-213 of the Monroe County Land Development Regulations. 2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur, the County Biologist believes that adequate surface water management will protect the integrity and function of the wetland area. In addition, because the property is surrounded on three sides by development and is essentially an isolated finger of hammock, acquisition by the government is not a preferred option. Protection of the wetland is possible through private ownership of the parcel. File #MOl153 Page 3 of 4 Initials W: \Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC FLUM Resolution.doc NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board of County Commissioners, the request filed by Leonard Lovallo to change the Future Land Use Map from Recreation (R) to Residential Medium (RM) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903 PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 25th of April, 2001. Chair Mapes Commissioner Coleman Commissioner Hill Commissioner Ritz Commissioner Werling PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY Lynn Mapes, Chair Signed this day of ,2001. File #MOl153 Page 4 of 4 Initials W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC FLUM Resolution.doc PC RESOLUTION NO. P26-01 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROV AL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY LEONARD LOV ALLO TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM PARK AND REFUGE (PR) IMPROVED SUBDIVISION (IS) FOR PROPERTY DESCRIBED AS PART OF TRACT A, HARBOR COURSE SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY LARGO, LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH, RANGE 40 EAST, LOCATED WITHIN THE OCEAN REEF CLUB AT THE NORTHERN TERMINUS OF COUNTY HIGHWAY 905 WHEREAS, the Monroe County Planning Commission, during a regular meeting held on April 25, 2001, conducted a review and consideration of the request filed by Leonard Lovallo to amend the Land Use District (Zoning) Map from Park and Refuge (PR) to Improved Subdivision (IS) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903; and WHEREAS, the Planning Commission examined the following information: I. The application from the applicant to change the Land Use District (Zoning) Map from Park and Refuge (PR) to Improved Subdivision (IS); and 2. The staff report prepared by Martin Schultz, Senior Planner and Ralph Gouldy, Senior Administrator-Environmental Resources, dated April 9, 2001; and WHEREAS, the Planning Commission made the following Findings of Fact: 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County Code. The applicant's agent initiated the application in order to rezone the subject property to a . land use district that allows for the construction of a single family home on the proposed combined parcel. 3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential. File #MOl153 Page 1 of 4 Initials W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC MAP Resolution.doc 4. During the 1986 Comprehensive Plan process, the land use "district of the subject properties was changed to Sparsely Settled (SS). 5. Section 9.5-209 of the Land Development Regulations states that the purpose of the Sparsely Settled (SS) land use district is to establish areas of low-density residential development where the predominant character is native or open space lands. 6. On November 10, 2000, a Land Use District Map change became effective for the subject property. The land use district was changed to Park and Refuge (PR). 7. Section 9.5-224 of the Land Development Regulations states that the purpose of the Park and Refuge (PR) land use district is to establish and protect areas as parks, recreational areas and wildlife refuges. 8. According to the Monroe County Code, there was no setback required to a freshwater wetland prior to the adoption of the Year 2010 Comprehensive Plan. 9. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open space buffer for development adjacent to wetlands. This created a situation where Lot 1, as currently configured, does not have sufficient area available to construct a reasonably-sized single family house in character with the neighborhood that will meet the County wetland setback and open space requirements. 10. Section 9.5-511 prohibits any map amendments that would negatively impact community character 11. The residential neighborhood in which the subject property is located is designed around the Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the only residential land use district in the area. 12. Section 9.5-213 of the Land Development Regulations states that the purpose of the Improved Subdivision (IS) district is to accommodate the legally vested residential 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 accommodate the proposed use in accordance with the required setbacks. This district is not intended to be used for new land use districts of this classification within the county. 13. Harbor Course Section Four, Ocean Reef Plat No. 13 is a legally vested residential subdivision. In addition, the single-family homes near the subject property and the general residential character of the surrounding neighborhood are reflective of the purpose of the Improved Subdivision (IS) land use district. File #M01153 Page 2 of 4 Initials W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC MAP Resolution.doc 14. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached dwellings of all types, and therefore is the most applicable zoning district, should construction be permitted. 15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 16. The 2000 Public Facilities Capacity Assessment Report and the listed programs on storm water and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 18. The proposed map amendment supports Goal 102. The County Biologist is confident that construction of a single-family home on Lot 1 and the subject property can adequately protect the wetland on the property. In addition, the fact that the property is surrounded on three sides by development or land designated for development and is essentially an isolated finger of hammock makes acquisition by the government undesirable. Protection of the wetland is possible through private ownership of the parcel. 19. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical or minor changes to a previously approved or recorded plat; and WHEREAS, the Planning Commission made the following Conclusions of Law: 1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the requirements of Section 9.5-213 of the Monroe County Land Development Regulations. 2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur, the County Biologist believes that adequate surface water management will protect the integrity and function of the wetland area. In addition, because the property is surrounded on three sides by development and is essentially an isolated finger of hammock, acquisition by the government is not a preferred option. Protection of the wetland is possible through private ownership of the parcel. File #M01153 Page 3 of 4 Initials W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC MAP Resolution.doc NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board of County Commissioners, the request filed by Leonard Lovallo to amend the Land Use District (Zoning) Map from Park and Refuge (PR) to Improved Subdivision (IS) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903 PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 25th of April, 2001. Chair Mapes Commissioner Coleman Commissioner Hill Commissioner Ritz Commissioner Werling PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY Lynn Mapes, Chair Signed this _ day of ,2001. File #MOl153 Page 4 of 4 Initials W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC MAP Resolution.doc DEVELOPMENT REVIEW COMMITTEE RESOLUTIONS D08-01 AND D09-01 DRC RESOLUTION NO. D08-01 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST BY LEONARD LOVALLO TO AMEND THE FUTURE LAND USE MAP FROM RECREATION (R) TO RESIDENTIAL MEDIUM (RM) FOR PROPERTY DESCRIBED AS PART OF TRACT A, HARBOR COURSE SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY LARGO, LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH, RANGE 40 EAST, LOCATED WITHIN THE OCEAN REEF CLUB AT THE NORTHERN TERMINUS OF COUNTY HIGHWAY 905 WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on AprilS, 2001, conducted a review and consideration of the request filed by Leonard Lovallo to amend the Future Land Use Map from Recreation (R) to Residential Medium (RM) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903; and WHEREAS, the Development Review Committee examined the following information: 1. The application from Leonard Lovallo to change the Future Land Use Map from Recreation (R) to Residential Medium (RM); and 2. The staff report prepared by Martin Schultz, Senior Planner and Ralph Gouldy, Senior Administrator-Environmental Resources, dated March 30, 2001; and WHEREAS, the Development Review Committee made the following Findings of Fact: 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. File #MOl153 Page 1 of 4 Initials .:iK W:\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC FLUM Resolution.doc 2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County Code. The applicant's agent initiated the application in order to rezone the subject property to a land use district that allows for the construction of a single family home on the proposed combined parcel. 3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential. 4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was changed to Sparsely Settled (SS). The purpose of the SS land use district is to establish areas of low-density residential development where the predominant character is native or open space lands. 5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took effect January 4, 1996, followed the land use district boundary and adopted a future land use category of Residential Low (RL). 6~ Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of the Residential Low (RL) Future Land Use category is to provide for low-density residential development in partially developed areas with substantial native vegetation. Low intensity public and low intensity institutional uses are also allowed. 7. On June 23, 2000, a Future Land Use Map change took effect for the subject property. The future land use category was changed to Recreation (R). 8. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal purpose of the Recreation land use category is to provide for public and private activity-based and resource-based recreational facilities. 9. On November 10, 2000, a Land Use District Map change took effect for the subject property. The land use district was changed to Park and Refuge (PR). The purpose of the PR land use district is to establish and protect areas as parks, recreational areas and wildlife refuges. 10. According to the Monroe County Code, there was no setback required to a freshwater wetland prior to the adoption of the Year 2010 Comprehensive Plan. 11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open space buffer for development adjacent to wetlands. 12. Section 9.5-511 prohibits any map amendments that would negatively impact community character. 13. The residential neighborhood in which the subject property is located is designed around the Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the only residential land use district in the area. File #MOl153 Page 2 of 4 Initials 5...IL, W:\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lova11o\DRC\DRC FLUM Resolution.doc 14. The Residential Medium (RM) Future Land Use category corresponds with the Improved Subdivision (IS) land use category and therefore is the most appropriate land use category for the subject properties. 15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 16. The 2000 Public Facilities Capacity Assessment Report and the listed prograrps on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 18. The proposed map amendment supports Goal 102. The County Biologist is confident that construction of a single-family home on Lot 1 and the subject property can adequately protect the wetland on the property. In addition, the fact that the property is surrounded on three sides by development or land designated for development and is essentially an isolated fmger of hammock makes acquisition by the government an unappealing option. Protection of the wetland is possible through private ownership ofthe parcel. 18. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical or minor changes to a previously approved or recorded plat; and WHEREAS, the Development Review Committee made the following Conclusions of Law: 1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the requirements of Section 9.5-213 ofthe Monroe County Land Development Regulations. 2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur, the County Biologist believes that adequate surface water management will protect the integrity and function of the wetland area. In addition, because the property is surrounded on three sides by development and is essentially an isolated fmger of hammock, acquisition by the government is not a preferred option. Protection of the wetland is possible through private ownership of the parcel. File #MOl153 Page 3 of 4 Initials fL W:\Planning\Working Folders\Schultz-Marty\Map Amendments\LovaIlo\DRC\DRC FLUM Resolution.doc NOW THERFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission of the request filed by Leonard Lovallo to change the Future Land Use Map from Recreation (R) to Residential Medium (RM) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903. PASSED AND ADOPTED by the Development Review Florida, at a regular meeting held on the 5th of April, 2001. Edward Koconis, AICP, DRC Chair Fred Gross, Island Planning Team Director Ralph Gouldy, Senior Administrator, Environmental Resources Martin Schultz, Senior Planner Department of Public Works (by FAX) Department of Engineering (by FAX) Department of Health (by FAX) Committee of Monroe County, YES YES ABSENT YES YES YES YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY BY PJgo]QA~~~O Edward Koconi's, AICP, DRC Chair Signed this 2Lf day of -.Apr') , ,2001. File #M01153 Page 4 of 4 Initials 5.L W:\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC FLUM Resolution.doc DRC RESOLUTION NO. D09-01 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST BY LEONARD LOVALLO TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM PARK AND REFUGE (PR) TO IMPROVED SUBDIVISION (IS) FOR PROPERTY DESCRIBED AS PART OF TRACT A, HARBOR COURSE SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY LARGO, LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH, RANGE 40 EAST, LOCATED WITHIN THE OCEAN REEF CLUB AT THE NORTHERN TERMINUS OF COUNTY HIGHWAY 905 WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on April 5, 2001, conducted a review and consideration of the request filed by Leonard Lovallo to amend the zoning map from the Park and Refuge (PR) zoning district to the Improved Subdivision (IS) zoning district for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903; and WHEREAS, the Development Review Committee examined the following information: 1. The application from Leonard Lovallo to change the Land Use District (zoning) map from Park and Refuge (PR) to Improved Subdivision (IS); and 2. The staff report prepared by Martin Schultz, Senior Planner and Ralph Gouldy, Senior Administrator-Environmental Resources, dated March 30, 2001; and WHEREAS, the Development Review Committee made the following Findings of Fact: 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. File #MOl153 Page 1 of 4 Initials ft W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC MAP Resolution.doc 2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County Code. The applicant's agent initiated the application in order to rezone the subject property to a land use district that allows for the construction of a single family home on the proposed combined parcel. 3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential. 4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was changed to Sparsely Settled (SS). The purpose ofthe SS land use district is to establish areas of low-density residential development where the predominant character is native or open ,space lands. 5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took effect January 4, 1996, followed the land use district boundary and adopted a future land use category of Residential Low (RL). 6. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of the Residential Medium (RL) Future Land Use category is to provide for low-density residential development in partially developed areas with substantial native vegetation. Low intensity public and low intensity institutional uses are also allowed. 7. On November 10, 2000, a Land Use District Map change took effect for the subject property. The land use district was changed to Park and Refuge (PR). The purpose of the PR land use district is to establish and protect areas as parks, recreational areas and wildlife refuges. 8. On November 10, 2000, a Future Land Use Map change took effect for the subject property. The future land use category was changed to Recreation (R). 9. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal purpose of the Recreation land use category is to provide for public and private activity-based and resource-based recreational facilities. 10. According to the Monroe County Code, there was no setback required to a freshwater wetland prior to the adoption of the Year 2010 Comprehensive Plan. 11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open space buffer for development adjacent to wetlands. 12. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached dwellings of all types, and therefore is the most applicable zoning district, should construction be permitted. 13. Section 9.5-511 prohibits any map amendments that would negatively impact community character. File #MOl153 Page 2 of 4 Initials ~ W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC MAP Resolution.doc 14. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 16. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct.future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 17. The proposed map amendment supports Goal 102. The County Biologist is confident that construction of a single-family home on Lot 1 and the subject property can adequately protect the wetland on the property. In addition, the fact that the property is surrounded on three sides by development or land designated for development and is essentially an isolated finger of hammock makes acquisition by the government an unappealing option. Protection of the wetland is possible through private ownership of the parcel. 18. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical or minor changes to a previously approved or recorded plat. WHEREAS, the Development Review Committee made the following Conclusions of Law: 1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the requirements of Section 9.5-213 ofthe Monroe County Land Development Regulations. 2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur, the County Biologist believes that adequate surface water management will protect the integrity and function of the wetland area. In addition, because the property is surrounded on three sides by development and is essentially an isolated finger of hammock, acquisition by the government is not a preferred option. Protection of the wetland is possible through private ownership of the parcel; NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission of the request filed by Leonard Lovallo to change the Land Use District (Zoning) Map from Park and Refuge (PR) to Improved Subdivision (IS) for property located adjacent to South Bridge Road File #M01153 Page 3 of 4 Initials ~ W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\LovaIlo\DRC\DRC MAP Resolution.doc and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification number 00573670.005903. PASSED AND ADOPTED by the Development Review Florida, at a regular meeting held on the 5th of April, 2001. Edward Koconis, AICP, DRC Chair Fred Gross, Island Planning Team Director Ralph Gouldy, Senior Administrator, Environmental Resources Martin Schultz, Senior Planner Department of Public Works (by FAX) Department of Engineering (by FAX) Department of Health (by FAX) Committee of Monroe County, YES YES ABSENT YES YES YES YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY @efuA~~ Edward Koconis, AICP, DRC Chair Signed thiD day of ~ 2001. BY File #M01153 Page 4 of 4 Initials ~ W:\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC MAP Resolution.doc COUNTY OF MONROE PLANNING DEPARTMENT 2798 OVERSEAS mGHW A Y SUITE 410 MARATIION, FLORIDA 33050-2227 MAP AMENDMENT APPLICATION For Future Land Use Map and Zoning Map Note: The Applicant must complete the following information for an application to be accepted for review. Please type or print all requested information~n this form. Attach additional sheets when necessary. All information, including the application and all other materials, excluding the original photographs, must be submitted on 8 Y2 "x 11" paper. It is the applicant's responsibility to notify the Planning Department of any changes that may occur to the application as it is being processed. A) Name(s) of Property Owner(s): Leonard Lovallo Mailing Address: 75 Rockefeller Plaza City New York State New York Zip Code 10019 Telephone: Office AlZent (305) 852-8440 Home B) Applicant/Agent's Name (Circle One): Leonard Lovallo. Aoolicant Firm: Hershoff. Luoino & Mulick. LLC - AlZent Mailing Address: 90130 Old HilZhwav City Tavernier State Florida Zip Code 33170 Telephone: Office (305) 852-8440 Home C) Legal Description of the Property: Real Estate Number 00573670-005903 Key LarlZo Street South Bridle Lane Mile Marker Section 13 Township Range Subdivision Harbor Course Section Four. Ocean Reef Plat No. 13 Lot( s) Part Tract A Block Lot(s) Block Metes and Bounds,description ifnot in a subdivision (attach additional sheet if necessary): TI ~~~D'\4~ ~ - ... MAR 1 6 2001 Applicant's initials j .:: - D) Current Future Land Use Map Designation Recreation (R) Proposed Future Land Use Map Designation Residential Medium (RM) E) Current Land Use District Designation Parks & Refuee (PR) Proposed Land Use District Designation ImDroved Subdivision as) F) Size of Parcel 0.1754 +/- Acres G) Existing Use: If the property is developed, described, in general terms, the existing use of the property such as the type of use, number of residential units, or the gross floor area of the commercial development. (If the property contains structure, submit a site plan in addition to your verbal description) . Disturbed hammock without structures H) It is the applicant's burden to justify overturning existing land use designations previously set by the Board of County Commissioners. Below are the factors which the Board may consider in order to approve a proposed change, as prescribed by Section 9.5-511(d)(5)(b) of the Monroe County Code. However, the Code prohibits any change which would negatively impact community character. If you need assistance in preparing a response, please call to schedule a pre-application conference with the Planning Department. You must submit all supporting information, documentation or exhibits for future public hearings at the time you submit this application so that the Planning Department may sue it in preparing its recommendation. Information provided at a later date may not be considered by the Planning Department, Planning Commission or Board of County Commissioners. 1. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based. 2. Changed assumptions (e.g., regarding demographic trends). 3. Data errors, including errors in mapping, vegetative types and natural features described in any section of the comprehensive plan. 4. New issues. The area proposed for rezoning consists ofa wedge-shaped parcel of the Ocean Reef Golf Course which abuts the applicant's "IS" zoned property. The parcel was conveyed to the applicant's predecessor in interest along with the IS zoned parcel for the purpose of creating a parcel large enough to accommodate the development of a residence consistent with Ocean Reef standards. Subsequently, the County's land development regulations were amended to increase the setback from wetland areas which rendered the applicant's property unbuildable without the inclusion of the wedge-shaped parcel within the IS zoning category. 5. Recognition ofa need for additional detail or comprehensiveness; or, 6. Data updates. The data referred to above is information which constitutes updated data not available to the Planning Department when it zoned the subject property. -2- Applicant's Initials I) Include 2 different photographs of the subject parcel(s) - 12 copies of each. Only original photos or color copies will be accepted. Aerial photos may not be used to meet this requirement but may be used for support information. J) Include a survey with a site plan if structures exist on the property. N/A K) Include a copy of the zoning map, clearly marking the boundaries of the property being considered. The Planning Department will be able to assist you in obtaining a copy of the zoning map. L) Attach proof of ownership (i.e., copy of deed or tax bill). M) Include a copy of the property record card from the property appraiser's office. N) Attach a notarized letter from the owner authorizing the applicant to seek the amendment(s) and to represent the owner. All correspondence from Monroe County on this issue will be addressed to agent and not property owner(s), unless, otherwise specified. 0) The application must be accompanied by the appropriate fee. The fee schedule is as follows: Amendment to the Future Land use Map and Land Use District Map Amendment to the Land Use Map Only $1,850 $1,650 I certify I am familiar with the information contained in this application, and, to the best of my knowledge, such information is true, complete and accurate. I also certify I possess the authority to undertake the proposed amendment(s). I erstand the submission of false information may lead to denial or revocation of the requested amen e (s. 3-1'-(Jf Date Nicholas W. Mulick. Eso. Print Name STATE OF FLORIDA COUNTY OF MONROE BEFORE ME this day personally appeared NICHOLAS W. MULICK . who acknowledged the foregoing instrument, who is Dersonallv known to me or has produced as identification SWORN to and subscribed before me this 3 day of CU<..-~ . 2001. Notary Public - Sta My commission e I ~ r J)S)NN.\J. MCCORD ' . ~~~ ~7 . .. IRES: February 10, 2003 Thru Notary PublIc U"de!wrlIera -3- Applicant's initials H:\Lisa C\Lisa.newILovallo.Map Amend Appl for FLUM . Co