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Item D2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 20. 200 I Division: Growth Management Bulk Item: Yes No -1L Department: Planning and Environmental Resources AGENDA ITEM WORDING: Second of two public hearings to consider a Future Land Use Map Amendment proposed by the Monroe County Planning Department for John J. and J. Leslie Brier. This Amendment will change the Future Land Use designation from Residential Medium (RM) to Residential High (RH) of the properties described as Lots 1,2,3,4,5,6, 7, 8, 9, 10, 11, 12, 13, 14, IS, 16, 17, and 18, Block 27, Sands Subdivision, Big Pine Key, located in Section 25, Township 66S, Range 29E, at approximately Mile Marker 31. ITEM BACKGROUND: The first public hearing or "transmittal" hearing was held on December 13, 2000. At that meeting, the BOCC recommended approval for the FLUM 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 9, 2001, the DCA notified the BOCC that they had reviewed and raised no objections to the proposed amendments for Monroe County (DCA No. 01-2). PREVIOUS REVELANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A 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 APPROVED BY: County Atty ~ OMB/Purchasing N/A DOCUMENTATION: Included To Follow_ DIVISION DIRECTOR APPROVAL: x DISPOSITION: AGENDA ITEM # ~-tiJ~ Revised 2/27/01 i1V't Lots 1-18, Block 27, Sands Subdivision Big Pine Key Future Land Use Amendment Board of County Commissioners Marathon Government Center December 20,2001 Proposed Future Land Use Map Amendment Residential Medium (RM) To Residential High (RH) This map amendment is for changing the Future Land Use Map designation from Residential Medium (RM) to Residential High (RH). The properties described as Lots 1-18, Block 27, Sands Subdivision, Big Pine Key, Monroe County, Florida are included in this map amendment. The properties are located between Avenue D (to the north), Avenue C (to the south), Sands Road (to the west), and 1st Avenue (to the east). U.S. Highway 1 is approximately two blocks south of the property. The subject properties are located at approximately MM 31. Future Land Use Map Recommendations Staff: Approval October 17,2000 Staff Report DRC: Approval October 31,2000 Resolution #D16-00 PC: Approval November 16, 2000 Resolution #P72-00 BOCC: Approval December 13,2000 Resolution #530-2000 BOCC Ordinance to Amend Future Land Use Map (FLUM) ORDINANCE NO. -01 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST BY JOHN 1. AND J. LESLIE BRIER TO AMEND THE FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL HIGH (RH) FOR THE PROPERTIES DESCRIBED AS LOTS 1,2,3,4,5,6, 7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, AND 18, BLOCK 27, SANDS SUBDIVISION, BIG PINE KEY, LOCATED IN SECTION 25, TOWNSHIP 66S, RANGE 29E, AT APPROXIMATEL Y MILE MARKER 31. WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on December 13,2000, conducted a review and consideration of the request filed by the applicant's agent to amend the Future Land Use Map from Residential Medium (RM) to Residential High (RH) for properties described as Lots 1- 18, Block 27, Sands Subdivision, Big Pine Key, Section 25, Township 66S, Range 29E, Monroe County, Florida, having the real estate identification number 00303510.000000. WHEREAS, the Development Review Committee, Planning Commission and staff support and recommend approval of this future land use map amendment from RM to RH as indicated in resolutions D-16-00 and P-72-00; and WHEREAS, the Planning Commission held a public meeting on November 16, 2000 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 data errors, new issues, and a need for additional det~il or comprehensiveness in planning. The application was initiated by the arplicant's agent to amend the future land use map to a designation that corresponds with the current zoning of the property. 3. The pre-1986 zoning of Paradise Island Park was Single-Family Residential (RU-l). 4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Improved Subdivision (IS). The purpose of the BOCC Ordinance to Amend FLUM File M#20048 Page 1 of5 Initials Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivision that were lawfully established and approved prior to the adoption of the current Land Development Regulations in 1986. 5. The current Future Land Use Map category for Paradise Island Park is Residential Medium (RM). 6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject properties Residential Medium (RM). 7. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of Residential Medium (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 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. 8. The Monroe County Circuit Court issued a Writ of Certiorari (Case # 94-1528-CA- 18) on August 17, 1998 that ordered the zoning of the subject property be changed from Improved Subdivision (IS) to Urban Residential- Mobile Home (URM). 9. A binding ten-year Development Agreement established by Paradise Island Park, Inc., Key West Oceanside Marina, Inc., Monroe County, and the Florida Department of Community Affairs was entered into on April 4, 2000. Part of that agreement called for the County to initiate the change in future land use designation from Residential Medium (RM) to Residential High (RH). 10. Objective 101.8 of the Monroe County Year 2010 Comprehensi.ve Plan states that Monroe County shall eliminate or reduce the frequency of uses that are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. II. The Urban Residential - Mobile Home (URM) land use district corresponds with only one Future Land Use category, Residential High (RH). 12. Section 9.5-213 states that the purpose of the Residp-ntial High (RH) Future Land Use category is to provide for high-density, single-family, multi-family, and institutional residential development, including mobile homes and manufactured housing, located near employment centers. 13. The additional development rights approved in the Development Agreement authorized by Monroe County and the Florida Department of Community Affairs BOCC Ordinance to Amend FLUM File M#20048 Page 2 of5 Initials supports the intent of the Urban Residential - Mobile Home (URM) zoning district and the Residential High (RH) Future Land Use category. 14. Section 9.5-233 indicates that the Urban Residential- Mobile Home (URM) zoning district permits mobile homes and detached residential dwellings, and therefore is the most applicable zoning district. 15. Section 9.5-511 prohibits any map amendments that would negatively impact community character. 16. 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. 17. 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. 18. 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. 19. The proposed map amendment supports Goal 102 through the reduction in density from forty-one (41) to eighteen (18) units; and WHEREAS, the Board of County Commissioners made the following Conclusions of Law: I. This text amendment meets the second, third, and fourth criteria outlined in Section 9.5-511 of the Monroe County Land Development Regulations and will not !'iegatively impact or alter the character of the surrounding area. 2. The proposed land use changes would positively impact and reinforce the community's character, which is consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan. 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. BOCC Ordinance to Amend FLUM File M#20048 Page 3 of5 Initials 4. The proposed map amendment is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. This project reduces the density from forty-one (41) to eighteen (18) units on an island that has a low Level of Service on U.S. 1 and is home to endangered species. 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 Residential Medium (RM), shall be designated as Residential High (RH) 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 S. 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. BOCC Ordinance to Amend FLUM File M#20048 Page 4 of5 Initials PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , A.D, 200 I. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) Deputy Clerk ATTEST: DANNY L. KOLHAGE, CLERK BOCC Ordinance to Amend FLUM File M#20048 Page 5 of5 Initials ~ t ' .. '~ ~ The Monroe County Year 2010 Comprehensive Plan Future N land Use Map is Q!QIJosed to be amended as indicated above and briefly described as: Chanae Lots 1 throuQh 18, Block 27. Sands Subdivision. Biq Pine Kev. Monroe County. Florida from RM to RH Pursuant to Effective Date: Director of Planning and Environmental Resources Amendment #: 20048 Date Sheet #: 6 Q D ,~ - - I. .. .......:-. ,,~"I' '.F - ..l.~ -'. J,~_~'..;h ~ .' - - ~~ ' :. ~~fi;'~~S~ ~. :';;"~.C""Cl"- Proposed FLUM District Map Key: Big Pine Amendment: Street Map Mile Marker: Approximate Mile Marker 31 Proposal: Change FLUM District from RM to RH Property description: Lots 1 through 18, Block 27, Sands Subdivisbn, Big Pine Key, FLUM Map #: 6 Map Amendment #: 20048 N :j:L.'~... SITE II.... . 0# Proposed FLUM District Map Key: Big Pine Amendment: Aerial Mile Marker: 31 Proposal: Change FLUM designatbn from RM to RH Property description: Lots 1 through 18, Block 27, Sands Subdivision, Big Pine Key, Monroe County, Florida FLUM Map #: 6 Map Amendment #: 20048 N BOCC TRANSMITTAL RESOLUTION RESOLUTION NO. 530 -2000 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST BY JOHN 1. AND J. LESLIE BRIER TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM'(RM) TO RESIDENTIAL HIGH (RH) FOR TIlE PROPERTIES DESCRIBED AS LOTS 1, 2, 3, 4, 5,6,7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, AND 18, BLOCK 27, SANDS SUBDIVISION, BIG PINE KEY, LOCATED IN SECTION 25, TOWNSHIP 66S, RANGE 29E, AT APPROXIMA TEL Y MILE MARKER 31, HAVING THE REAL ESTATE IDENTIFICATION NUMBER 00303510.000000. WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purposes of conducting 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 fust (1st) set of comprehensive plan amendments for 2001 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0552, Florida Statute~1Nn03 3 ':3 'HI3 .}f OHHOH Section 3. The Monroe County staff is given authority to prepateViirOO)$tl~ql.~~ required transmittal letter and supporting documents for the pro8~~a. M}.endment in accordance with the requirements of 9J-l1.006 of the Florida AdmirHsJr~~'t~MWlI 0 O~033H HO.:l 031lj Transmittal Resolution #M20048 Page 1 of2 Initials 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 13th of December, 2000. Mayor Neugent Mayor Pro Tem Williams Commissioner McCoy Commissioner Nelson Commissioner Spehar yell yes yes yes yp.p. BOARD OF COUNTY COMMISSIONERS F MONROE COUNTY, FLORIDA d - BY Transmittal Resolution #M20048 Page 2 of2 Initials BOCC STAFF REPORT MEMORANDUM TO: Board of County Commissioners THROUGH: K. Marlene Conaway, Director of Planning ~ FROM: Martin Schultz, Planner Ralph Gouldy, Senior Administrator - Environmental Resources RE: Paradise Island Park Future Land Use Map Change File M20048 DATE: November 27, 2000 MEETING DATE: December 13,2000 EXISTING FUTURE LAND USE DESIGNATION: Residential Medium (RM) PROPOSED FUTURE LAND USE DESIGNATION: Residential High (RH) EXISTING ZONING DESIGNATION: Urban Residential- Mobile Home (URM) PROPOSED ZONING DESIGNATIONS: No Change PROPERTY OWNER: John J. and J. Leslie Brier AGENT: franklin D. Greenman PROPERTY INFORMATION Key: Big Pine Size: 2.07 acres Mile Marker: 31 Location Detail & Brief Description: Paradise Island Park, owned by John 1. and J. Leslie Brier is located at 100 pI Street, which is approximately at Mile Marker 31, Big Pine Key, Monroe County, Florida. The subject properties are described as Lots 1-18, Block 27, Sands Subdivision. The Real Estate number for the parcel is 00303510-000000, File # 20048 Page 1 of9 C:\TEMP\Brier BOCC StaffReport.doc Existing Use: The site has been used as a mobile home/RV park since the mid-1960s. The Development Agreement signed between the owners of the property and Monroe County states that there are a total of forty-one (41) units of ROGO-exempt housing, or credits for same, on the site. There are eighteen (18) lots on the site, with all of them having approximate dimensions of 50' X 100'. Section 9.5-281, Minimum Yards, of the Land Development Regulations indicate that the setbacks in the Urban Residential - Mobile Home (URM) zoning district are a minimum of ten (10) feet in the front yard, ten (10) feet for each side yard, and twenty (20) feet in the rear yard. However, in the Minor Conditional Use Development Order #5-00, the Planning Director chose to modify the requirements for minimum yards, which is allowed in Section 9.5-266 of the Monroe County Code. With the current URM zoning, in accordance with Section 9.5-377, District Boundary Buffers, a Class "C" bufferyard between URM and IS land use districts is required. However, based upon the site plan, zoning change from IS to URM, community character, and the URM district being developed in accordance with Improved Subdivision (IS) standards, staff concluded in the Minor Conditional Use Development Order #5-00 that street trees (Section 9.5-366) will suffice for bufferyards. By providing one (I) street tree per lot, the redevelopment provides the standard number of trees called for in Section 9.5-366. Land Use and Habitat on the 1985 Existing Conditions Aerials: Sands Subdivision is a platted subdivision that is serviced by public utilities. The parcels fall within the AE-8 flood zone per FIRM pane11536H, effective date March 3, 1997. Information from Sheet Number 148 of the Existing Conditions Map indicates that the site is disturbed (code 740). Neighboring Land Uses and Character: The areas contiguous to this property are residential in character, with low-density areas to the north and south and a high-density URM-zoned area to the west. A commercial area lies one block south of this property while U.S. I is two blocks south of the property. ZONING AND LAND USE HISTORY Pre-1986 Zoning: The pre-1986 zoning for the subject properties was RU-l, Single Family Residential. The purpose of this district was to provide protected homesites; to preserve and provide amenities conducive to a living environment; and to prevent the use of land and buildings which would tend to adversely affect these conditions. Lots already platted on record were required to be 6,000 square feet in area or more. Lots with less than 6,000 square feet required a variance in order to build a single-family home. File # 20048 Page 2 of9 C:\TEMP\Brier BOCC StaffReport.doc Considerations During the 1986 Comprehensive Plan Process: During the 1986 Comprehensive Plan process, the parcels were rezoned Improved Subdivision (IS). This was consistent with the purpose of IS, which is the accommodation of legally vested development rights of owners of lots in subdivisions that were lawfully established and improved prior to the adoption of the current Land Development Regulations. A density of one (I) dwelling unit per lot is allowed in the IS land use district Considerations During the 2010 Comprehensive Plan Process: During the 2010 Comprehensive Plan process, the Future Land Use category Residential Medium (RM) was applied to the subject property. According to the Comprehensive Plan, all properties zoned IS were classified as RM on the Future Land Use Map. Changes to Boundary Considerations Since 1986: The IS zoning ofthe park has made the property non-conforming with respect to density since 1986. The park has forty-one (41) dwelling units with eighteen (18) being the maximum allowed for this parcel. Beginning in 1988, the current owners of the park attempted to rezone the property to bring it into conformity. Issues that arose during the rezoning process led the owners to pursue litigation against the County in order to resolve those issues. The litigation also did not lead to a resolution of the situation. On August 17, 1998, Monroe County Circuit Judge Sandra Taylor issued an Order, Writ of Certiorari, in Circuit Court Case No. 94-1528-CA-18. The Writ of Certiorari ordered the Board of County Commissioners to reverse the decision to deny the park owners request to rezone the property from Improved Subdivision (IS) to Urban Residential Mobile Home (URM). The Judge determined that the County made an error during the 1986 Comprehensive Plan process when the property was zoned IS. She determined it should have been zoned URM. The property was in fact scheduled to become URM at one time during the process, but when the Sands Subdivision was changed to IS, the park was mistakenly changed to IS along with the rest of the subdivision. ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9,5-511 (d) (5) b): Changed Projections or Assumptions: None. Data Errors: As mentioned above, it has been determined that the IS zoning of the property in 1986 was an error. The correct zoning should have been URM. The Writ of Certiorari reversed a decision to deny a rezoning request made by the owners. New Issues: File # 20048 Page 3 of9 C:\TEMP\Brier BOCC StaffReport.doc The new issue associated with this proposed map amendment is the Writ of Certiorari issued by Judge Taylor that ordered the rezoning of the property from Improved Subdivision (IS) to Urban Residential Mobile Home (URM). As part of the ensuing Development Agreement, the County agreed to go through the process of amending the Future Land Use Map category from Residential Medium (RM) to Residential High (RH). Recognition of a Need for Additional Detail or Comprehensiveness: This proposed amendment recognizes the need to bring an existing Future Land Use Map category into conformity with its established existing land use by providing the appropriate Future Land Use Map category. The standards set forth in Policy 101.4,21 of the Year 2010 Comprehensive Plan stipulate that all properties with the zoning classification Urban Residential Mobile Home (URM) shall have the corresponding Future Land Use Map category Residential High (RH). 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) The current Future Land Use Map category for the subject properties is Residential Medium (RM). Policy 101.4.3 of the Monroe County Year 2010 Plan Policy Document states that: The principal 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. The current zoning for the subject properties is Urban Residential Mobile Home (URM) Section 9.5-205 of the Monroe County Land Development Regulations, described in the LDR's as follows: The purpose of the URM district is to recognize the existence of established mobile home parks and subdivisions, but not to create new such areas, and to provide for such areas, and to provide for such areas to serve as a reservoir of affordable and moderate-cost housing in Monroe County. Allowable uses under Section 9.5-234, Urban Residential- Mobile Home District, include: · Mobile homes · Detached residential dwellings · Recreational vehicles · Home occupations-Special use permit requiring a public hearing · Accessory uses File # 20048 Page 4 of9 C:\TEMP\Brier BOCC Staff Report.doc · Tourist housing uses, including vacation rental uses, are prohibited except in gated communities which have (a) controlled access and (b) a homeowner's or property owner's association that expressly regulates or manages vacation rental uses. Uses permitted as major conditional uses include: . Marinas · 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 . Parks and community parks · Stealth wireless communications facilities, as accessory uses. There are no minor conditional uses in the URM district. 2, Potential Land Uses With Proposed Map Amendment The proposed Future Land Use Map category is Residential High (RH). Policy 101.4.4 of the Monroe County Year 2010 Plan Policy Document states that: The principal purpose of the Residential High (RH) land use category is to provide for high-density, single-family, multi-family, and institutional residential development, including mobile homes and manufactured housing, located near employment centers. The proposed Future Land Use Map category of Residential High (RH) corresponds with the current zoning of Urban Residential - Mobile Home (URM), which is described above in the Current Land Development Regulations (LDRs) section. Compatibility With Adjacent Land Uses and Effects on Community Character: Section 9.5-511 of the LDRs, which 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 maximum resid~ntial density allowable for the subject parcel is currently governed by a Development Agree~ent. Under the Development Agreement, the applicant has the right to develop nineteen (19) units of housing. One of the units will be transferred off site using the Transfer of Development Rights. The result will be eighteen (18) units, or one per lot. This is consistent with the allocated density for the Urban Residential- Mobile Home district. Since the current density on the site is forty-one (41) units, the redevelopment will decrease the density by twenty-three (23) units. Use Compatibility File # 20048 Page 5 of9 C:\TEMP\Brier BOCC StaffReport.doc The residential use planned for the area is more consistent with the other residential uses in the area than the higher density R V park that has existed in the past. Although the area will be considered Residential High, the density of the site will be similar to what is found is the Residential Medium designation. Local Traffic and Parking Each dwelling unit will have two parking stalls underneath the structure. The decrease in dwelling units should also decrease local traffic and will not impact parking in Monroe County. 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 site is completely scarified and will have no effect on environmentally sensitive lands. 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 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: Trafflc Circulation It is assumed that a decrease in dwelling units will either maintain the same level of traffic or decrease the current level of traffic in the area. Therefore, staff concludes that the Level of Service on U.S. I will not be negatively impacted. Solid Waste The existing solid waste haul-out contract provides the County with approximately six more years of guaranteed capacity. 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 2000. 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 File # 20048 Page 6 of9 C:\TEMP\Brier BOCC Staff Report.doc Section 9.5-293 of the Land Development Regulations requires that all developments retain stormwater on site following Best Management Practices (BMPs). Also, pursuant to Policy 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. In this regard, no negative effects from the proposal are anticipated. Effects on Redevelopment/Infill Potential: Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. The redevelopment of the subject property meets the intent of Goal 102 by reducing the density from forty-one (41) to eighteen (18) units. In addition, the project lowers density in an area where the Level of Service on U.S. I is below the standards deemed acceptable by the County. The conservation and protection of environmentally sensitive lands are not an issue with this project as the site is completely scarified. FINDINGS OF FACT 1. Section 9,5-511 (d) (5) b, of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This Map Amendment recognizes data errors, new issues, and a need for additional detail or comprehensiveness in planning. The application was initiated by the applicant's agent to amend the future land use map to a designation that corresponds with the current zoning of the property. 3. The pre-1986 zoning of Paradise Island Park was Single-Family Residential (RU-l). 4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Improved Subdivision (IS). The purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivision that were lawfully established and approved prior to the adoption of the current Land Development Regulations in 1986. 5. The current Future Land Use Map category for Paradise Island Park is Residential Medium (RM). File # 20048 Page 7 of9 C:\TEMP\Brier BaeC Staff Report.doc 6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject properties Residential Medium (RM). 7. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of Residential Medium (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 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 8. The Monroe County Circuit Court issued a Writ of Certiorari (Case # 94-1528-CA-18) on August 17, 1998 that ordered the zoning of the subject property be changed from the Improved Subdivision (IS) to Urban Residential - Mobile Home (URM). 9. A binding ten-year Development Agreement established by Paradise Island Park, Inc., Key West Oceanside Marina, Inc. Monroe County, and the Florida Department of Community Affairs was entered into on April 4, 2000. Part of that agreement called for the County to initiate the change in future land use designation from Residential Medium (RM) to Residential High (RH). 10. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses that are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 11. The Urban Residential - Mobile Home (URM) land use district corresponds with only one Future Land Use category, Residential High (RH), 12. Section 9.5-213 states that the purpose ofthe Residential High (RH) Future Land Use category is to provide for high-density, single-family, multi-family, and institutional residential development, including mobile homes and manufactured housir!g, located near employment centers. 13. The additional development rights approved in the Development Agreement authorized by Monroe County and the Florida Department of Community Affairs supports the intent of the Urban Residential- Mobile Home (URM) zoning district and the Residential High (RH) Future Land Use category. 14. Section 9.5-233 indicates that the Urban Residential - Mobile Home (URM) zoning district permits mobile homes and detached residential dwellings, and therefore is the most applicable zoning district. 15. Section 9,5-511 prohibits any map amendments that would negatively impact community character. File # 20048 Page 8 of9 C:\TEMP\Brier BOCC Staff Report.doc 16. 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. 17. 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. 18. 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. 19. The proposed map amendment supports Goal 102 through the reduction in density from forty- one (41) to eighteen (18) units. CONCLUSIONS OF LAW 1. This text amendment meets the second, third, and fourth criteria outlined in Section 9,5-511 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the surrounding area. 2. The proposed land use changes would positively impact and reinforce the community's character, which is consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan. 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 4. The proposed map amendment is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. This project reduces the density from forty-one (41) to eighteen (18) units on an island that has a low Level of Service on U.S. I and is home to endangered species. 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 Residential Medium (RM) to Residential High (RH). File # 20048 Page 9 of9 C:\TEMP\Brier BOCC Staff Report.doc PLANNING COMMISSION RESOLUTION PLANNING COMMISSION RESOLUTION NO. P72-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY JOHN J. AND J, LESLIE BRIER TO AMEND THE FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL mGH (RH) FOR THE PROPERTIES DESCRIBED AS LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, AND 18, BLOCK 27, SANDS SUBDMSION, BIG PINE KEY, LOCATED IN SECfION 25, TOWNSHIP 66S, RANGE 29E, AT APPROXIMATELY MILE MARKER 31. WHEREAS, the Monroe County Planning Commission, during a regular meeting held on November 16, 2000, conducted a review and consideration of the request filed by the applicant to amend the Future Land Use Map from Residential Medium (RM) to Residential High (RH) for the properties described as Lots 1-18, Block 27, Sands Subdivision, Big Pine Key, Section 25, Township 66S, Range 29E, Monroe County, Florida, having the real estate identification number 00303510.00000o; and WHEREAS, the Planning Commission examined the following information: 1. The application from John J. and J, Leslie Brier to change the Future Land Use Map from Residential Medium (RM) to Residential High (RH) for the subject properties; and 2. The staff report prepared by Martin Schultz, Planner and Ralph Gouldy, Senior Administrator- Environmental Resources, dated November 3, 2000; 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 data errors, new issues, and a need for additional detail or comprehensiveness in planning. The application was initiated by the applicant's agent to amend the future land use map to a designation that corresponds with the current zoning of the property. 3. The pre-1986 zoning of Paradise Island Park was Single-Family Residential (RU-l). Imti~ Map File #20048 Page 1 of 4 4, During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Improved Subdivision (IS). The purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivision that were lawfully established and approved prior to the adoption of the current Land Development Regulations in 1986. 5. The current Future Land Use Map category for Paradise Island Park is Residential Medium (RM), 6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject properties Residential Medium (RM). 7. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of Residential Medium (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 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, 8, The Monroe County Circuit Court issued a Writ of Certiorari (Case # 94-1528-CA-18) on August 17, 1998 that ordered the zoning of the subject property be changed from Improved Subdivision (IS) to Urban Residential - Mobile Home (URM). 9, A binding ten-year Development Agreement established by Paradise Island Park, Inc" Key West Oceanside Marina, Inc" Monroe County, and the Florida Department of Community Affairs was entered into on April 4, 2000. Part of that agreement called for the County to initiate the change in future land use designation from Residential Medium (RM) to Residential High (RH). 10, Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses that are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map, 11. The Urban Residential - Mobile Home (URM) land use district corresponds with only one Future Land Use category, Residential High (RH). 12. Section 9.5-213 states that the purpose of the Residential High (RH) Future Land Use category is to provide for high-density, single-family, multi-family, and institutional residential development, including mobile homes and manufactured housing, located near employment centers. 13. The additional development rights approved in the Development Agreement authorized by Monroe County and the Florida Department of Community Affairs supports the intent of the Map File 020048 Page 2 of 4 lnilW~ Urban Residential - Mobile Home (URM) zoning district and the Residential High (RH) Future Land Use category, 14, Section 9.5-233 indicates that the Urban Residential - Mobile Home (URM) zoning district permits mobile homes and detached residential dwellings, and therefore is the most applicable zoning district. 15, Section 9.5-511 prohibits any map amendments that would negatively impact community character. 16. 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, 17. 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. 18. 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. 19. The proposed map amendment supports Goal 102 through the reduction in density from forty- one (41) to eighteen (18) units; and WHEREAS, the Planning Commission made the following Conclusions of Law: 1. This text amendment meets the second, third, and fourth criteria outlined in Section 9.5-511 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the surrounding area, 2. The proposed land use changes would positively impact and reinforce the community's character, which is consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan, 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on storm water and wastewater. There are no significant concerns regarding impacts on public facilities. Imti~ Map File #20048 Page 3 of 4 4. The proposed map amendment is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. This project reduces the density from forty-one (41) to eighteen (18) units on an island that has a low Level of Service on U.S, 1 and is home to endangered species~ NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISION OF MONROE COUNTY, FLORIDA, to recommend APPROV AL to the Monroe County Board of County Commissioners of the request filed by the applicant to change the Future Land Use Map from Residential Medium (RM) to Residential High (RH) for the properties described as Lots 1-18, Block 27, Sands Subdivision, Section 25, Township 66S, Range 29E, Monroe County, Florida, having the real estate identification number 00303510,00000o. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 16th of November, 2000. Chairman Mapes Vice-Chair Stuart Commissioner Werling Commissioner Marr Commissioner Hill YES ABSENT YES ABSENT YES MONROE COUNTY, FLORIDA BY Signed this YO~~ ,2000. BY Map File #20048 Page 4 of 4 Initials DRC RESOLUTION NO, D16-00 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF THE REQUEST BY JOHN J. AND 1. LESLIE BRIER TO AMEND THE FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL HIGH (RH) FOR THE PROPERTIES DESCRIBED AS LOTS 1, 2,3,4, 5, 6, 7, 8,9, 10, 11, 12, 13, 14, 15, 16, 17, AND 18, BLOCK 27, SANDS SUBDIVISION, BIG PINE KEY, LOCATED IN SECTION 25, TOWNSHIP 66S, RANGE 29E, AT APPROXIMATELY MILE MARKER 31. WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on October 31, 2000, conducted a review and consideration of the request filed by the applicant to amend the Future Land Use Map from Residential Medium (RM) to Residential High (RH) for the properties described as Lots 1-18, Block 27, Sands Subdivision, Big Pine Key, Section 25, Township 66S, Range 29E, Monroe County, Florida, having the real estate identification number 00303510.000000; and WHEREAS, the Development Review Committee examined the following information: 1. The application from John J. and 1. Leslie Brier to change the Future Land Use Map from Residential Medium (RM) to Residential High (RH) for the subject properties; and 2. The staff report prepared by Martin Schultz, Planner and Ralph Gouldy, Senior Administrator, Environment~l Resources, dated October 17, 2000; and WHEREAS, the Development Review Committee made the following Findings of Fact: I. Section 9.5-511 (d) (5) b, of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This Map Amendment recognizes data errors, new issues, and a need for additional detail or comprehensiveness in planning. The application was initiated by the applicant's agent to amend the future land use map to a designation that corresponds with the current zoning of the property . 3. The pre-1986 zoning of Paradise Island Park was Single-Family Residential (RU-l). Map File #20048 Page I of 4 Initials ~ W:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-J udy\txtagN\D 16-00.doc 4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject properties was changed to Improved Subdivision (IS). The purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivision that were lawfully established and approved prior to the adoption of the current Land Development Regulations in 1986. 5. The current Future Land Use Map category for Paradise Island Park is Residential Medium (RM). 6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject properties Residential Medium (RM). 7. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of Residential Medium (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 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. 8. The Monroe County Circuit Court issued a Writ of Certiorari (Case # 94-1528-CA-18) on August 17, 1998 that ordered the zoning of the subject property be changed from Improved Subdivision (IS) to Urban Residential - Mobile Home (URM). 9. A binding ten-year Development Agreement established by Paradise Island Park, Inc., Key West Oceanside Marina, Inc., Monroe County, and the Florida Department of Community Affairs was entered into on April 4, 2000. Part of that agreement called for the County to initiate the change in future land use designation from Residential Medium (RM) to Residential High (RH). 10. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses that are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. II. The Urban Residential - Mobile Home (URM) land use district corresponds with only one Future Land Use category, Residential High (RH), 12. Section 9.5-213 states that the purpose of the Resideatial High (RH) Future Land Use category is to provide for high-density, single-family, multi-family, and institutional residential development, including mobile homes and manufactured housing, located near employment centers. 13. The additional development rights approved in the Development Agreement authorized by Monroe County and the Florida Department of Community Affairs supports the intent of the Map File #20048 Page 2 of 4 Initials ~ W:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagN\D l6-00.doc Urban Residential - Mobile Home (URM) zoning district and the Residential High (RH) Future Land Use category. 14. Section 9.5-233 indicates that the Urban Residential - Mobile Home (URM) zoning district permits mobile homes and detached residential dwellings, and therefore is the most applicable zoning district. 15. Section 9.5-511 prohibits any map amendments that would negatively impact community character. 16. 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. 17. 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. 18. 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. 19. The proposed map amendment supports Goal 102 through the reduction in density from forty- one (41) to eighteen (18) units; and WHEREAS, the Development Review Committee made the following Conclusions of Law: I. This text amendment meets the second. third, and fourth criteria outlined in Section 9.5-511 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the surrounding area. 2. The proposed land use changes would positively impact and reinforce the community's character, which is consistent with Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan. 3. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. Map File #20048 Page 3 of 4 Initials ~ W:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-J udy\txtagN\D 16-00.doc 4. The proposed map amendment is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan. This project reduces the density from forty-one (41) to eighteen (18) units on an island that has a low Level of Service on U.S. I and is home to endangered species; 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 applicant to change the Future Land Use Map from Residential Medium (RM) to Residential High (RH) for the properties described as Lots 1-18, Block 27, Sands Subdivision, Section 25, Township 66S, Range 29E, Monroe County, Florida, having the real estate identification number 00303510.000000. PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular meeting held on the 3151 of October, 2000. Barbara Mitchell, Acting DRC Chair Tom Kizis, Planner Ralph Gouldy, Senior Administrator, Environmental Resources Department of Public Works Department of Engineering Department of Health YES YES YES YES YES ABSENT DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY .----:---," l \ /1 ~' BY ~~'~1..16r~_ ~Tt-{,. . . Barbara Mitchell, Acting DRC CH lr Signed this I <;"day of \\J ~"J\J-(.'V\.t~~ooo. Map File #20048 Page 4 of 4 Initials ~ W:\Planning\Planning Commission Coordinator\ Working Folder\Chambers-Judy\txtagN\D 16-00.doc