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Item D3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 20.2001 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 and a Land Use District Map Amendment, for Key West Brewery, proposed by the Monroe County Planning Department. These Amendments will change the Future Land Use designation from Mixed Use/Commercial (MC) to Industrial (I) and change the zoning from Sub Urban Commercial (SC) to Industrial (I), for the property described as 99 Calle Uno, Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida with a real estate number of 00122000-000000. The subject property is located at approximately Mile Marker 9.5. ITEM BACKGROUND: The first public hearing or "transmittal" hearing was held on April 18, 2001. At that meeting, the BOCC recommended approval for both the FLUM Amendment and the corresponding Rezoning Amendment. The Planning Department, upon the instructions of the BOCC, transmitted the proposed amendments to the Department of Community Affairs (DCA) for its consideration. On November 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 ~ DOCUMENTATION: Included Risk Management N/ A DIVISION DIRECTnR APPROVAL: cGarry, AICP x To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # 0.2 -cZ~ Revised 2/27/01 ~,~l Key West Brewery Future Land Use Amendment and Zoning Map Amendment Board of County Commissioners Marathon Government Center December 20,2001 Proposed Future Land Use Map Amendment Mixed Use/Commercial (MC) To Industrial(l) & Proposed Land Use District (Zoning) Amendment Sub Urban Commercial (SC) To Industrial (I) This map amendment is for changing the Future Land Use Map designation from Mixed Use/Commercial (MC) to Industrial (I); and the Land Use District (Zoning) from Sub Urban Commercial (SC) to Industrial (I) for the property described as 99 Calle Uno, Part of Government Lot 5, Section21, Township 67 South, Range 26 East, Rockland Key, Monroe County, Florida with a real estate number of 00122000-000000. The subject property is located at approximately Mile Marker 9.5. Future Land Use Map Recommendations Staff: Approval December 27,2000 Staff Report DRC: Approval January 4,2001 Resolution #DOI-0l PC: Approval February 7,2001 Resolution #P04-0 1 BOCC: Approval April 18,2001 Resolution # 175-200 1 Land Use District (Zoning) Recommendations Staff: Approval December 27, 2000 Staff Report DRC: Approval January 4, 2001 Resolution #D02-0 1 PC: Approval February 7,2001 Resolution #P05-0 1 BOCC: Approval April 18, 2001 Resolution #175-2001 BOCC Ordinance to Amend Future Land Use Map (FLUM) ORDINANCE NO. -2001 A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RECOMMENDING APPROVAL OF THE REQUEST BY KEY WEST BREWERY TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM SUB URBAN COMMERCIAL (SC) TO INDUSTRIAL (I) FOR PROPERTY DESCRIBED AS 99 CALLE UNO, PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, AT APPROXIMATELY MILE MARKER 9.5. WHEREAS, The Monroe County Board of County Commissioners, during their regular meeting held on March 21, 200 I, conducted a review and consideration of a request filed by the applicant to amend the Future Land Use Map from Mixed Use/Commercial (MC) to Industrial (I) for property located at 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida with a real estate number of 00122000.000000. WHEREAS, the Development Review Committee, Planning Commission and staff report all recommend approval of this future land use map amendment from MC to I as indicated in Resolutions D02-0 I and P05-0 1; and WHEREAS, the Planning Commission held a public hearing on February 7, 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. This map amendment recognizes the need for additional comprehensiveness. 2. Section 9.5-511 of the Monroe County Land Development Regulations also prohibits a change which negatively impacts community character. 3. Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan requires that the County regulate future development to maintain the character of the community. 4. The subject propp.rty contains the Key West Brewery on East Rockland Key, adjacent to U.S. 1, and proximate to a variety of industrial, commercial, residential and other uses. 5. The pre-1986 zoning of the subject property was BU-2T, a primarily industrial zone. 6. The subject property is designated Sub Urban Commercial (SC) on the current Land Use District (Zoning) Map. File #MOOI51 Key West Brewery ZONING Page I of3 Initials 7. On December 16, 1999, Minor Conditional Use approval was granted for the redevelopment of a beer distributorship to a micro-brewery. 8. On February 28, 1986, the zoning of the subject property was changed to Sub Urban Commercial (SC) from BU-2T. The remainder of the parcel was changed to Industrial (I). This resulted in the creation of a split-zoning situation where one historically single parcel was divided into two (2) different zoning districts. There is no apparent rationale for the split- zoning and it may have been done as a result of an error. Consequently, though, the FLUM designations were made based on the 1986 zoning classifications. 9. According to Section 9.5-206 of the Monroe County Code, the purpose of the Sub Urban Commercial (SC) Land Use District is to establish areas of commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. 10. The subject property is bordered by the following Future Land Use Map designations: To the north by Improved Subdivision (IS), to the west by Industrial (I), to the east by Sub Urban Commercial (SC), and to the south, across U.S. I, by Native Area (NA). 11. Historically, the subject property has been industrial in use. The current use of the property is industrial. The projected future use of the property is either industrial or can be accommodated under an industrial designation. WHEREAS, the Board of County Commissioners made the following Conclusions of Law: 1. This amendment meets the criteria outlined in Section 9.5-511 (d)(5)b.(iii) and the requirements of Section 9.5-220 and will not negatively impact or alter the character of the subject property or the surrounding area. 2. No rationale is apparent for the split-zoning situation and an error may have occurred. Since the pre-1986 zoning designation, BU-2T, was primarily an industrial zone, the appropriate current designation of the property should be Industrial (I). 3. The proposed change in the Land Use District Map is appropriate. The current zoning designation of Sub Urban Commercial (SC) is not consistent with the historical, existing or proposed future use of the property; 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 #MOO 151 Key West Brewery ZONING Page 2 00 Initials Section 2. The previously described property, which is currently designated Sub Urban Commercial shall be designated Industrial as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit I. Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 4. This ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the amendment pursuant to Chapter 380, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the _ of , 200 I. Mayor Charles "Sonny" McCoy Mayor Pro Tern 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) ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK r~ ..- File #MOO 151 Key West Brewery ZONING Page 3 of3 Initials Proposed Land Use District Map Key: East Rockland Key Amendment: Street Map Mile Marker: Approximate Mile Marker 9.5 Proposal: Key West Brewery, Inc.is requesting a land Use District M~ amendment from Suburban Commertial (SC) to Industrial (I) and a Future Land Use Map amerdment form Mixed Use! Commertial (Me) to Industrial (I) Property description: Part of Gov. Lot 5, See 21 I T wp 67 S, Rge 26 E., Rockland Key, Monroe County, Florida Land Use District Map #: 554 Map Amendment #: 00151 N \ ) I) Proposed Land Use District Map Key: East Rockland Key Amendment: Aerial Mile Marker. Approximate Mile Marker 9.5 Proposal: Key West Brewery, lre.is requesting a land Use District Map amendment from Suburban Commercial (SC) to Industrial (1)a1d a Future Land Use Map amendment form Mixed Use! Commercial (Me) to Industrial (I) Property description: Part of GlJv. lotS, Sec21, Twp 67 S, Rge 26 E., Rockland Key, Monroe County, Florida Land Use District Map #:554 Map Amendment #: 00151 N - -~ ~ ;~-: "?a; ;=.- ;;,.,..o.~ I I IIOQCLNC) CNN\ML I I I I I \ I I I I L_-----:'\ ~~ \ ~~ \ \ \ \ \ , The Monroe County Land Use Map is lID2Posed to be amended as indicated above and briefly described as: East Rockland Kev . Pt Lot 5 of Sec. 21, Two 67 S, Rae 26 E.. Monroe County. Florida Chanae SC to I . Pursuant to: SOCC Ord. & DCA EO. -OR- Effective Date: Director of Planning and Environmental Resources Date Amendment#: 00151 Sheet #: 554 I o BOCC Ordinance to Amend Land Use District (Zoning) Map ORDINANCE NO. -2001 A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RECOMMENDING APPROVAL OF THE REQUEST BY KEY WEST BREWERY TO AMEND THE FUTURE LAND USE MAP FROM MIXED USE/COMMERCIAL (MC) TO INDUSTRIAL (I) FOR PROPERTY DESCRIBED AS 99 CALLE UNO, PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, AT APPROXIMA TEL Y MILE MARKER 9.5. WHEREAS, The Monroe County Board of County Commissioners, during their regular meeting held on March 21, 2001, conducted a review and consideration of a request filed by the applicant to amend the Future Land Use Map from Mixed Use/Commercial (MC) to Industrial (I) for property located at 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida with a real estate number of 00122000.000000. WHEREAS, the Development Review Committee, Planning Commission and staff report all recommend approval of this future land use map amendment from MC to I as indicated in Resolutions DOI-Ol and P04-01; and WHEREAS, the Planning Commission held a public hearing on February 7, 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. This map amendment recognizes the need for additional comprehensiveness. 2. Section 9.5-511 of the Monroe County Land Development Regulations also prohibits a change which negatively impacts community character. 3. Objective 101.4 of the Monroe County Year 20 10 Comprehensive Plan requires that the County regulate future development to maintain the character of the community. 4. The subject property contains the Key West Brewery on East Rockland Key, adjacent to U.S. I, and proximate to a variety of industrial, commercial, residential and other uses. 5. The pre-l 986 zoning of the subject property was BU-2T, a primarily industrial zone. File #MOO 151 Key West Brewery FLUM Page I of3 Initials 6. The Future Land Use Map (FLUM) of the Monroe County Year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject property Mixed Use/Commercial (MC). 7. On December 16, 1999, Minor Conditional Use approval was granted for the redevelopment of a beer distributorship to a micro-brewery. 8. On February 28, 1986, the zoning of the subject property was changed to Sub Urban Commercial (SC) from BU-2T. The remainder of the parcel was changed to Industrial (I). This resulted in the creation of a split-zoning situation where one historically single parcel was divided into two (2) different zoning districts. There is no apparent rationale for the split- zoning and it may have been done as a result of an error. Consequently, though, the FLUM designations were made based on the 1986 zoning classifications. 9. The subject property is bordered by the following Future Land Use Map designations: To the north by Residential Medium (RM), to the west by Industrial (I), to the east by Mixed Use/Commercial (MC), and to the south, across U.S. I, by Military (M). 10. Historically, the subject property has been industrial in use. The current use of the property is industrial. The projected future use of the property is either industrial or can be accommodated under an industrial designation. WHEREAS, the Board of County Commissioners made the following Conclusions of Law: 1. This amendment meets the criteria outlined in Section 9.5-511 (d)(5)b.(iii) and the requirements of Section 9.5-220 and will not negatively impact or alter the character of the subject property or the surrounding area. 2. No rationale is apparent for the split-zoning situation and an error may have occurred. Since the pre-1986 zoning designation, BU-2T, was primarily an industrial zone, the subsequent FLUM classification should have been Industrial (I). 3. The proposed FLUM is appropriate. The current FLUM designation of Mixed Use/Commercial (MC) is not consistent with the historical, existing or proposed future use of the property; 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 described property, which is currently designated Mixed Use/Commercial shall be designated Industrial as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit I. File #MOO 151 Key West Brewery FLUM Page 2 of3 Initials 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 shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Commun,ity 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 _ of ,2001. 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 ) BY ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK File #M00151 Key West Brewery FLUM Page 1 of2 Initials ." ~~-,:;~:_,~,-:~ .~"!~~~ _ ,~r~r':,:'~.~,;:~:'-: .~::"~~~:~S~'- ,,~:~, ~:.- ~.: .~.. Proposed Land Use District Map Key: East Rockland Key Amendment: Street Map Mile Marker: Approximate Mile Marker 9.5 Proposal: Key West Brewery, Inc.is requesting a land Use District Map amendment from Suburban Ccmmercial (SC) to Industrial (I) and a Future Land Use Map amendment form Mixed Use! Commercial (Me) to Industrial (I) Property description: Part of GJv. Lot 5, See 21, T wp 67 S, Rge 26 E., Rockland Key, Monroe County, Florida Land Use District Map #: 554 Map Amendment #: 00151 I N - _.~.~ .-".. . -'::'~.....:. .._-..~ . --.- Proposed Land Use District Map Key: East Rockland Key Amendment: Aerial Mile Mar1<er: Approximate Mile Mar1<er 9.5 Proposal: Key West Brewery, Inc.is requesting a land Use District Map gmendment from Suburban Commercial (SC) to Industrial (I)CIld a Future Land Use Map amendrrent form Mixed UseI Commercial (Me) to Industrial (I) Property description: Part of Gov. Lot 5, See 21, Twp 67 S, Rge 26 E., Rockland Key, Monroe County, FIoOOa Land Use District Map #:554 Map Amendment #: 00151 N -w: ..;;.:..:: _ t",,:.........# _..~.~:.;.__...'.:-.:-.,~...___.J"'_~ AUantic Ocean ~ = Me to I The Monroe County Year 2010 Comprehensive Plan Future N land Use Map is J!rQPosed to be amended as indicated above and briefly described as: Chanae MC to I Pursuant to Effective Date: Director of Planning and Environmental Resources Amendment#: 00151 Date Map #:8 TRANSMITTAL RESOLUTION 175 'RESOLUTION NO, -2001 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST BY TIlE KEY WEST BREWERY TO CHANGE THE FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR 20 I 0 COMPREHENSIVE PLAN FROM MIXED USE/COMMERCIAL (MC) TO INDUSTRIAL (I) FOR PROPERTY DESCRIBED AS 99 CALLE UNO, PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE COUNTY, FLORIDA, MILE MARKER 9.5, HA VING A REAL ESTATE NUMBER OF 00122000.000000 WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purposes of considering the transmittal to the Florida Department of Community Affairs for review.and comment of the 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 first (1st) set of comprehensive plan amendments 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 documt:nts for the proposed amendment in accordance with the requirements of9J-ll.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. Key West Brewery BOCC Page I of2 Initials PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on18th of April ,2001. Mayor George Neugent Mayor Pro Tem Nora Williams Commissioner Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner Dixie Spehar Y"C:: yes yes not present ~ ~N?F COUNTY COMMISSIONERS ~ROECO:e'~ IT ~ayor Neugent ~ BY 0 Q) a:: I/') lJ..J C'J 0 -.. --. ...J (.) 0\ < IJ.. lL.I =r. .:~ c:: :z: -Iul- c:: ~ 2~::!: 0 - ..\,- - :::> Ll.... '(..)0 - -J .(..) c:: >- - >- ::c L..J i.:..J ~ -'.-10 -.J :a:: ~(..)C:: - ~ - u.. - 0 a 0 2: Key West Brewery BaeC Page 2 of2 Initials MEMORANDUM TO: Board of County Commissioners FR: Tom Kizis, Planner Dianna Stevenson, Biologist RE: Key West Brewery Land Use District (Zoning) and Future Land Use Map (FLUM) Amendments DATE: February 14,2001 MEETING DATE: March 21,2001 EXISTING FUTURE LAND USE DESIGNATION: Mixed Use/Commercial (MC) REQUESTED FUTURE LAND USE DESIGNATION: Industrial (1) EXISTING ZONING: Sub Urban Commercial (SC) REQUESTED ZONING: Industrial (I) PROPERTY OWNER: Key 'West Brewery AGENT: Alexis Colicchio PROPERTY INFORMATION Key: Mile Marker: Size: East Rockland 9.5 The SC portion of the parcel is 41,370 square feet (0.95 acres). The I portion of the parcel is 45,106 square feet minus 13,640 square feet of wetland for a total upland area of 31,466 square feet (0.72 acres). The total upland area of the parcel is 72,836 square feet or 1.67 acres. File #MOO 151 RE#00122000.000000 Page I of7 Key West Brewery Location Detail & Brief Property Description: The property is located at 99 Calle Uno, Rockland Key and is further described as a part of Oovernment Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, Mile Marker 9.5. The real estate number is 00122000-000000. The property is adjacent to US Route I, Florida Bay side. Existing Use: The portion of the property that houses the manufacturing/warehouse activity is in a Sub Urban Commercial (SC) land use (zoning) district and has a Mixed Use/Commercial (MC) Future Land Use Map (FLUM) designation. The brewery's proposed wastewater treatment facility and parking are located in an Industrial (I) land use (zoning) district which also has an Industrial (I) FLUM classification. Recent changes to the zoning text, after approval by the Department of Community Affairs (DCA), will permit wastewater treatment facilities and parking as principal permitted uses in the industrial zone. The current overall use of the property is industrial. At some point in the future, the applicant would like to expand the use of the site to include a restaurant and gift shop. Existing Habitat: The property was cleared and filled several years ago and is now classified as disturbed. The northwest corner of the property was never completely filled and now supports what is most likely a man made freshwater pond that is functioning as a habitat. Land Use & Habitat on the 1985 Existing Conditions Aerials: The 1985 Existing Conditions Map shows the property as disturbed (740) with a pond in the northwest corner and the building that is present today. ZONING AND LAND USE HISTORY Pre-1986 ZoninglMap Changes or Boundary Considerations Since 1986: Prior to 1986, the entire property was zoned Medium Business (BU-2T). The following, mainly industrial uses, were permitted in the BU-2T District: I) Tire and battery 2) Car wash 3) Auto parts, transmission, welding, paint and body, tire recapping 4) Auto repair and overhaul 5) Machinery, equipment and supplies 6) Freight or truck yard terminal 7) Warehouses 8) Automotive specialty services 9) Truck stops 10) Rental and sales of motorcycles, motor scooters, automobiles and other self-propelled vehicles and II) Construction equipment and machinery sales and service. On February 28, 1986, the parcei was re-zoned/split-zoned Industrial (I) and Sub Urban Commercial (SC). Monroe County Property Appraiser's records indicate the entire property as beli1g one parcel under single \ ownership for as far back as their records indicate. Considerations During the 1986 and 2010 Comprehensive Planning Processes: The changes made to zoning during the 1986 Comprehensive Plan process were derived from information contained on the 1985 Existing Conditions Map. Planning Department records show no site specific considerations of this property during the 1986 planning process. During the 2010 File #MOO 151 RE#00122000.000000 Page 2 of7 Key West Brewery Comprehensive Plan and future land use map process, the Board of County Commissioners directed the Planning Department to prepare future land use maps which were consistent with the existing land use designations or zoning maps. However, there is no indication of any site specific considerations of this property during the 2010 Comprehensive Plan process. ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.S-S11(d)(S)(b) a.,d Chapter 163. Florida Statutes): The property currently falls under two (2) different Future Land Use Map designations and is located in two (2) different land use (zoning) districts. The FLUM should reflect the projected long range need and use of the parcel. The existing zoning designation should be consistent with the FLUM. The Monroe County Land Development Regulations require that only one of the following six (6) criteria be addressed as a rationale for a change in the future land use designation and/or land use district zoning designation. The criteria that apply to this proposed zoning map amendment are discussed below. Changed Projections: N/ A Changed Assumptions: N/ A Data Errors: When this property was re-zoned on February 28, 1986, no rationale was found as to why the parcel was split-zoned. The entire property was located in one land use (zoning) district, a BU- 2T zone, prior to 1986. The BU-2T was primarily an industrial classification. Therefore, an error may have occurred in that the parcel should have been classified under a single induStrial zoning designation when the new zoning was enacted. New Issues: N/ A Need for Additional Detail and Comprehensiveness: In January of 1996 the'propertY was designated as Industrial (I) and Mixed Use/Commercial (Me) on the adopted Future Land Use Map (FLUM). The property was split-zoned Industrial (I) and Sub Urban Commercial (SC) on February 28, 1986 even though it has been under single ownership, according to the Monroe County Property appraisers, for as far back as records indicate. It is appropriate to make the FLUM and zoning classifications on the property the same. The split-zoning situation should also be corrected. Data Updates: N/ A IMPACT & POLICY ANALYSIS: Comparison of Development Potential for the Current and Proposed Land Uses: 1) Current Land Development Regulations (LDRs) File #MOO 151 RE#O0122000.000000 Page 3 of7 Key West Brewery The current Future Land Use Map (FLUM) designation for the section of the subject property under consideration is Mixed Use/Commercial (MC) . The Monroe County Year ,2010 Comprehensive Plan, Policy Document, Policy 101.4,5 states that "the principal use of the Mixed Use/Commercial land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail and office 1l1~Y bo permitted at intensities which are consistent with community character and the natural environment. This land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate". The remainder of the property has an Industrial (I) FLUM. The Monroe County Year 2010 Comprehensive Plan, Policy Document, Policy 101.4.7 states that "the principal purpose of the Industrial land use category is to provide for the development of industrial, manufacturing, and warehouse and distribution centers. Other commercial, public, residential and commercial fishing-related uses are also permitted. To the north, the project's Industrial (I) FLUM designation borders directly on a Residential Medium (RM) area. The project's Industrial (I) FLUM extends to the west for about 5,000 feet beyond the project boundary. South, across U.S. 1, the FLUM is Military (M). On the east, the Mixed Use/Commercial (MC) classification ends at Rockland Channel, but continues south on Big Coppit Key. The existing zoning for that portion of the subject property under consideration is Sub Urban Commercial (SC). Current permitted uses include various commercial (retail, office, apartments and recreational), institutional, storage, public and other uses. The purpose of the SC district is to establish areas of commercial uses designed and intended to primarily serve the needs of the immediate planning area in which they are located. This portion of the property was granted Minor Conditional Use approval on December 16, 1999, for the redevelopment of a beer distributor to a micro-brewery. The remainder of the property is zoned Industrial (I). Current permitted uses in this district include restaurants, offices, manufacturing, commercial apartments, commercial fishing, institutional, light industrial, public buildings, accessory uses and assorted wireless communications facilities. Curr~ntly, in unincorporated Monroe County, there is an abunaance of commercially zoned land. Commercial uses account for 2,270 acres or 3.7 % of the land area, whereas, industrial land use accounts for just 515 acres or less than one percent of the total land area. Immediately adjacent to the proposed project area, the existing zoning is as follows: to the north is Improved Subdivision (IS), to the west Industrial (I), to the east Sub Urban Commercial (SC) and to the south, Native Area (NA). As required, the existing land use (zoning) districts are consistent with the Future Land Use Map (FLUM). 2) Potential Land Uses With the Proposed Future Land Use Map (FLUM) and Zoning Map Amendments The proposed Future Land Use Map (FLUM) amendment could mean an increase in the intensity of any future development on the site with the requested Industrial (I) FLUM change. This site, which has been a single parcel for many years, but now has two (2) File #MOO 151 RE#O0122000.000000 Page 4 00 Key West Brewery different FLUM designations, would then have the same FLUM classification for the entire parcel. The proposed zoning map amendment would eliminate the split-zoning scenario. Should a change in use be proposed for the site in the future, the options for redevelopment in the Industrial (I) district, would potentially be somewhat more intense with a higher density than if the parcel were to remain Sub Urban Commercial (SC). Compatibility with Adjacent Land Uses and Effects on Community Character: The proposed amendments to the Future Land Use Map and the zoning map would not have any negative impact on adjacent land uses or community character. The Land Development Regulations prohibit any map amendments which would negatively impact community character. The Monroe County Year 2010 Comprehensive Plan calls for the County to maintain community character and protect natural resources through a distribution of land uses consistent with the Future Land Use Map. The proposed change in designation would be consistent with the mixed use character of the immediate and local character as well as the Future Land Use Map projections. The site, located at the intersection of U.S. Route 1 and First Street on East Rockland Key is situated in a mixed use area. To the north is a neighborhood of single-family and mobile homes. To the west is a sparsely developed industrial area and to the east is Nellie & Joe's Key Lime Juice, a manufacturing and distribution enterprise, and Rockland Channel. To the south across U.S. 1 is a Native Area. Effects on Natural Resources: There will be no effect on natural resources provided storm water is prevented from entering the pond. The County's Comprehensive Plan calls for the County to maintain community character and protect natural resources through the distribution of land uses consistent with the Future Land Use Map. The propos~d change in designation would be consistent with those obje~tives. Effects on Public Facilities: Generally, this proposed amendment will not affect the level of service of Monroe County's public facilities. A more detailed examination of each facility type follows. Traffic: No net increase in traffic is expected to result from this zoning map amendment request. Solid Waste Facilities: County policy requires that sufficient capacity be available at a solid waste disposal site to accommodate all existing and approved development for a period of at least three years from the projected date of completion of the proposed development or use. According to the Public Facilities Report, Monroe County has capacity to meet the existing waste stream for fifteen to sixteen years. File #MOO 151 RE#O0122000.000000 Page 5 of7 Key West Brewery Potable Water Facilities: County regulations require that the county ensure that at the time a development permit is issued, adequate potable water facilities are available to support the development. The level of service standard, according to policy, is .53 gal lonslsq , ft. of nonresidential development/day. The subject property meets this criteria. Stormwater: No net increase in stormwater runoff is expected as a result of this zoning change because this land use change does not authorize any additional development, specifically construction or renovation. Wastewater: There are two (2) on-site wastewater treatment systems, one to treat brewery by-product wastewater and a second to treat office wastewater. Effects on Redevelopment and Infill Potential: N/ A FINDINGS OF FACT: I) Section 9.5-511 of the Monroe County Land Use Regulations specifies that the Planning Commission may consider a land use change if at least one of six criteria is met. 2) Section 9.5.511 prohibits a change which negatively impacts community character. 3) Objective 101.4 of the Comprehensive Plan requires that the County regulate future development to maintain the character of the community. 4) The subject property contains the Key West Brewery on East Rockland Key, adjacent to U.S. Route 1, and is proximate to a variety of industrial, commercial, residential and other uses. 5) The property is designated as Industrial (I) and Mixed Use/Commercial (MC) on the Future Land Use Map, and as Industrial (I) and Sub Urban Commercial (SC) on the District Land Use (Zoning) Map. 6) The proposed map amendment seeks to change the existing Future Land Use Map designation to Industrial (I) from Mixed Use/Commercial (MC) and the current zoning designation to Industrial (I) from Sub Urban Commercial (SC). 7) On December 16, 1999, a Minor Condhional Use request was approved for the redevelopment of the property from a beer distributor to a micro-brewery. 8) The pre-l 986 zoning of the subject property was Medium Business (BU-2T). The BU-2T land use district was primarily industrial in use. 9) On February 28, 1986, the zoning designation of the section of the property under consideration was changed to Sub Urban Commercial (SC). The remainder of the parcel was changed to File #MOOI51 RE#00122000.000000 Page 6 of7 Key West Brewery Industrial (I), This resulted in a split-zoning situation where one historically industrial parcel was divided into two [2] different zoning classifications. There is no apparent rationale for the division of this parcel into two different zoning classifications and it may have been done as a result of an error. 10) According to Section 9.5-206 of the Monroe County Land Use Regulations, the purpose of the Sub Urban Commercial District (SC) is to establish areas of commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located, II) The Future Land Use Map of Monroe County Year 2010 Comprehensive Plan is consistent with the current district land use (zoning) designation although a split-zoning situation exists. 12) The subject property is bordered by the following land use (zoning) districts: To the north by Improved Subdivision (IS), to the west by Industrial (I), to the east by Sub Urban Commercial (SC), and to the south, on the other side of U.S. 1, by Native Area (NA). CONCLUSIONS: I) This amendment meets the criteria outlined in Section 9.5-511 and will not negatively impact or alter the character of the subject property or the surrounding area. 2) No rationale is apparent for the creation of the split-zoning situation and an error may have occurred. Since the previous zoning designation, BU-2T, was a primarily industrial use zone, the entire parcel should have been classified industrial. 3) According to Section 9,5-206 of the Monroe County Land Use Regulations, the purpose of the Sub Urban Commercial (SC) District is designed and intended primarily to serve the needs of the immediate planning area in which they are located. Neither the current or proposed use of the property meets this criteria. 4) The proposed FLUM amendment is appropriate. The current FLUM classification is not consistent with the historical, current and proposed industrial use of the property. Also, the existing FLUM is not consistent with the proposed zoning designation. 5) Based on the pre-l 986 zoning classification, historical use, and the current and projected use of the property, it is appropriate that the subject property have an Industrial (I) designation on both the Future Land Use Map (FLUM) and the District Land Use (Zoning) Map. RECOMMENDATION: Based on the findings of fact and conclusions above, the Planning and Environmental Resources Departments recommend APPROVAL of the proposed Future Land Use Map (FLUM) amendment from Mixed Use/Commercial (MC) to Industrial (I) and the proposed District Land Use (Zoning) Map amendment from Sub Urban Commercial (SC) to Industrial (I). File #MOO 151 RE#00122000.000000 Page 7 of7 Key West Brewery PC RESOLUTION NO. POS-Ol A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY KEY WEST BREWERY TO AMEND THE LAND USE DISTRICT MAP FROM SUB URBAN COMMERCIAL (SC) TO INDUSTRIAL (I) FOR PROPERTY DESCRIBED AS 99 CALLE UNO, PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, AT APPROXIMATELY MILE MARKER 9.5. REAL ESTATE NUMBER 00122000.000000. WHEREAS, The Monroe County Planning Commission, during their regular meeting held on February 7, 2001, conducted a review and consideration of a request filed by the applicant to amend the District Land Use Map from Sub Urban Commercial (SC) to Industrial (I) for property located at 99 Calle Uno, Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida with a real estate number of 00122000.000000. WHEREAS, the Planning Commission examined the following information: 1. The application form the applicant to change the District Land Use (Zoning) Map from Sub Urban Commercial to Industrial (I); and 2. The staff report prepared by Tom Kizis (Planner) and Dianna Stevenson (Biologist), dated January 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 chanF~s under six listed conditions. This map amendment recognizes the need for additional comprehensiveness. 2. Section 9.5-511 of the Monroe County Land Development Regulations also prohibits a change which negatively impacts community character. 3. Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan requires that the County regulate future development to maintain the character of the community. 4. The subject property contains the Key West Brewery on East Rockland Key, adjacent to U.S. 1, and proximate to a variety of industrial, commercial, residential and other uses. 5. The pre-1986 zoning of the subject property was BU-2T, a primarily industrial zone. File #MOO 151 RE#OO 122000.000000 Key West Brewery FLUM Page I of3 Initia~ 6. The subject property is designated Sub Urban Commercial on the current Land Use District (Zoning) Map. 7. On December 16, 1999, Minor Conditional Use approval was granted for the redevelopment of a beer distributorship to a micro-brewery. 8. On February 28, 1986, the zoning of the subject property was changed to Sub Urban Commercial (SC) from BU-2T. The remainder of the parcel was changed to Industrial (I). This resulted in the creation of a split-zoning situation where one historically singe parcel was divided into two (2) different zoning districts. There is no apparent rationale for the split- zoning and it may have been done as a result of an error. 9. According to Section 9.5-206 of the Monroe County Code, the purpose of the Sub Urban Commercial (SC) Land Use District is to establish areas of commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. 10. The subject property is bordered by the following land use (zoning) districts: To the north by Improved Subdivision (IS), to the west by Industrial (I), to the east by Sub Urban Commer- cial (SC), and to the south, on the other side of U.S. 1, by Native Area (NA). 11. Historically, the subject property has been industrial in use. The current use of the property is industrial. The projected future use of the property is either industrial or can be accommodated under an industrial designation. WHEREAS, the Planning Commission made the following Conclusions of Law: 1. This amendment meets the criteria outlined in Section 9.5-511 (d)(5)b.(iii) and the requirements of Section 9.5-220 and will not negatively impact or alter the character of the subject property or the surrounding area. 2. No rationale is apparent fJr the split-zoning situation and an error may have occurred. Since the pre-1986 zoning designation, BU-2T, was primarily an industrial zone, the appropriate current designation for the subject property should be Industrial (I). 3. The proposed Land Use District Map change is appropriate. The current zoning designation of Sub Urban Commercial (SC) is not consistent with the historical, existing or proposed future use of the property; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROV AL to the Monroe County Board of County Commissioners, the request filed by the applicant to change the District Land Use Map from Sub Urban Commercial (SC) to Industrial (I) for property located at 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, having a real estate number of 00122000.000000. lnn~ Page 2 of3 File #M00151 RE#OO 122000.000000 Key West Brewery FLUM PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida. at a regular meeting held on the 7th of February, 2001. Chair Mapes Vice Chair Marr Commissioner Hill Commissioner Werling Commissioner Coleman YES YES YES YES YES BY F MONROE COUNTY Signed this d!i;tA. day 0 ,2001. APPROVED AS TO FORM AND LE~tI; :UF~~. C.IE~Y BY ~/ ('i/.:r7 I; lAuomey's obice File #MOOI51 RE#OO 122000.000000 Key West Brewery FL UM Page 3 00 Initials PC RESOLUTION NO. P04-01 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY KEY WEST BREWERY TO AMEND THE FUTURE LAND USE MAP FROM MIXED USE/COMMERCIAL (MC) TO INDUSTRIAL (I) FOR PROPERTY DESCRIBED AS 99 CALLE UNO, PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, AT APPROXIMATELY MILE MARKER 9.5. REAL ESTATE NUMBER 00122000.000000. WHEREAS, The Monroe County Planning Commission, during their regular meeting held on February 7, 2001, conducted a review and consideration of a request filed by the applicant to amend the Future Land Use Map from Mixed Use/Commercial (MC) to Industrial (I) for property located at 99 Calle Uno, Part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida with a real estate number of 00122000.000000. WHEREAS, the Planning Commission examined the following information: 1. The application form the applicant to change the Future Land Use Map from Mixed Use/Commercial to Industrial (1); and 2. The staff report prepared by Tom Kizis (Planner) and Dianna Stevenson (Biologist), dated January 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 10 enact map changes under six listed conditions. This map amendment recognizes the need for additional comprehensiveness. 2. Section 9.5-511 of the Monroe County Land Development Regulations also prohibits a change which negatively impacts community character. 3. Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan requires that the County regulate future development to maintain the character of the community. 4. The subject property contains the Key West Brewery on East Rockland Key, adjacent to U.S. I, and proximate to a variety of industrial, commercial, residential and other uses. 5. The pre-1986 zoning of the subject property was BU-2T, a primarily industrial zone. File #M00151 Key West Brewery FLUM Page I of3 6. The Future Land Use Map (pLUM) of the Monroe County Year 2010 Comprehensive Plan followed the land use (zoning) district boundaries, categorizing the FLUM for the subject property Mixed Use/Commercial (MC). 7. On December 16, 1999, Minor Conditional Use approval was granted for the redevelopment of a beer distributorship to a micro-brewery. 8. On February 28, 1986, the zoning of the subject property was changed to Sub Urban Commercial (SC) from BU-2T. The remainder of the parcel was changed to Industrial (1). This resulted in the creation of a split-zoning situation where one historically singe parcel was divided into two (2) different zoning districts. There is no apparent rationale for the split- zoning and it may have been done as a result of an error. Consequently, though, the FLUM designations were made based on the 1986 zoning classifications. 9. The subject property is bordered by the following Future Land Use Map designations: To the north by Residential Medium (RM), to tPe west by Industrial (1), to the east by Mixed Use/Commercial (MC), and to the south, across U.S. I, by Military (M). 10. Historically, the subject property has been industrial in use. The current use of the property is industrial. The projected future use of the property is either industrial or can be accommodated under an industrial designation. WHEREAS, the Planning Commission made the following Conclusions of Law: 1. This amendment meets the criteria outlined in Section 9.5-511 (d)(5)b.(iii) and the requirements of Section 9.5-220 and will not negatively impact or alter the character of the subject property or the surrounding area. 2. No rationale is apparent for the split-zoning situation and an error may have occurred. Since the pre-1986 zoning designation, BU-2T, was primarily an industrial zone, the subsequent FLUM classification should have been Industrial (1). 3. The proposed FLUM is appropriate. The current FLUM designation of Mixed Use/Commercial (MC) is not consistent with the historical, existing or proposed future use of the property; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROV AL to the Monroe County Board of County Commissioners, the request filed by the applicant to change the Future Land Use Map from Mixed Use/Commercial (MC) to Industrial (1) for property located at 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East Rockland Key, Monroe County, Florida, having a real estate number of 00122000.000000. File #MOOI51 Key West Brewery FLUM Page 2 of3 PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida. at a regular meeting held on the 7th of February, 200 I. Chair Mapes Vice Chair Marr Commissioner Hill Commissioner Werling Commissioner Coleman ..- YES YES YES YES YES BY OF MONROE COUNTY Signed thi~ day , 2001. APPROVED AS TO FOrt".! AND LEG{\L. SU~IC:::: ~C;/{ i'. .' . I 1/ I' ~", ~l BY \ ' If' /// ,.;-~ ,1 i/ Jtttomey's Office File #M00151 Key West Brewery FLUM Page 3 of3 Initials DRC RESOLUTION NO. D 01 -01 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROV AL TO THE PLANNING COMMISSION OF THE REQUEST BY KEY WEST BREWERY TO AMEND THE FUTURE LAND USE MAP (FLUM) FROM MIXED USE/COMMERCIAL (Me) TO INDUSTRIAL (I) FOR PROPERTIES LOCATED AT 99 CALLE UNO, EAST ROCKLAND KEY AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE COUNTY, FLORIDA, MILE MARKER 9.5, HAVING A REAL ESTATE NUMBER 00122000.000000. WHEREAS, The Monroe County Development Review Committee, during a regular meeting held on January 4, 2001, conducted a review and consideration of the request filed by the applicant's agent to amend the Future Land Use Map (FLUM) from Mixed Use/Commercial (Me) to Industrial (I) for property located at 99 Calle Uno, East Rockland Key, Government Lot 5, Section 21, Township 67 South, Range 26 East, Monroe County, Florida, Mile Marker 9.5, having a real estate number 00122000.000000; and WHEREAS, The Development Review Committee examined the following information: 1) The application from Key West Brewery to change the Future Land Use Map (FLUM) from Mixed Use/Commercial (Me) to Industrial (I). 2) The staff report prepared by Tom Kizis, Planner and Dianna Stevenson, Biologist, dated December 27,2000; and WHEREAS, The Development Review Committee made the following Findings of Faet: 1) Section 9.5-511 of the Monroe County Code specifies the Planning Commission may consider a land use change if at least one of six criteria is met. 2) Section 9.5-511 also prohibits a change which negatively impacts community character. 3) Objective 101.4 of the Comprehensive Plan requires that the County regulate future development to maintain the character of the community. 4) The subject property contains the Key West Brewery on East Rockland Key, adjacent to U.S. 1, and is proximate to a variety of commercial, residential, industrial and other uses. 5) The property is designated as Mixed Use/Commercial (MC) on the Future Land Use Map (FLUM). 6) This proposed map amendment seeks to change the current Future Land Use Map (FLUM) from Mixed Use/Commercial (MC) to Industrial (I). 7) On December 16, 1999, a Minor Conditional Use request was approved for the redevelopment of the property from a beer distributorship to a micro-brewery. RE#OO 122000.000000 Key West Brewery FLUM Page 1 of3 Initials 8) The pre.1986 zoning of the property was Medium Business (BU.2T). The BU-2T land use district was primarily industrial in use. 9) On February 28, 1986, the zoning of the subject property was changed to Sub Urban Commercial (SC). The remainder of the parcel was changed to Industrial (I). This resulted in a split-zoning situation where one historically single parcel was divided into two (2) different zoning districts. There is no apparent rationale for the division of this parcel into two different zoning classifications and it may have been done as a result of an error. 10) The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is consistent with the current land use district (zoning) designation [Mixed Use/commercial (MC) and Industrial (I)] although a split-zoning situation exists. II) The subject property is bordered by the following future land use map categories: to the north by Residential Medium (RM), to the west by Industrial (I), to the east by Mixed Use/Commercial (MC), and to the south, on the other side of U.S. I, by Military (M); and WHEREAS, the Development Review Committee made the following Conclusions of Law: 1) This amendment meets the criteria outlined in Section 9.5-511 and will not negatively impact or alter the character or the subject property or the surrounding area. 2) No rationale is apparent for the creation of the split-zoning situation and an error may have occurred. Since the pre-1986 zoning designation, BU-2T, was a primarily industrial use zone, the entire parcel should have been classified Industrial (I). 3) The proposed FLUM amendment is appropriate. The current use ofthe property is not consistent with the historical, current and proposed industrial use of the property. Nor is the current FLUM category consistent with the proposed zoning designation. 4) Based on the pre-1986 zoning classification, historical use, and the current and projected use of the property, it is appropriate that the subject property have an Industrial (I) designation on both the Future Land Use Map (FLUM). NOW THEREFORE, BE IT RESOLV~D BY THE DEVELOPMENT REVIEW COMMfITEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission, of the request by the Key West Brewery of the proposed Future Land Use Map (FLUM) amendment from Mixed Use Commercial (MC) to Industrial (I), making the entire parcel Industrial (I). RE#OO 122000.000000 Key West Brewery FLUM Page 2 of3 Initials PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at its regular meeting of January 4, 2001. Edward Koconis, AICP, Island Planning Team Director, DRC Chair Tom Kizis, Planner Ralph Gouldy, Environmental Resources Senior Administrator Department of Health (by fax.) Department of Public Works (by fax.) Department of Engineering (by fax.) YES YES YES YES YES YES DEVELOPMENT REVIEW COMMIITEE OF MONROE COUNTY BY Edward Koconis, Chair Signed this _day of , 2001. RE#OO 122000.000000 Key West Brewery FLUM Page 3 of3 Initials DRC RESOLUTION NO. D 02 -01 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROV AL TO THE PLANNING COMMISSION OF THE REQUEST BY KEY WEST BREWERY TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM SUB URBAN COMMERCIAL (SC) TO INDUSTRIAL (I) FOR PROPERTIES LOCATED AT 99 CALLE UNO, EAST ROCKLAND KEY AND FURTHER DESCRIBED AS PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST ROCKLAND KEY, MONROE COUNTY, FLORIDA, MILE MARKER 9.5, HAVING A REAL ESTATE NUMBER 00122000.000000. WHEREAS, The Monroe County Development Review Committee, during a regular meeting held on January 4, 2001, conducted a review and consideration of the request filed by the applicant's agent to amend the Land Use District (Zoning) Map from Sub Urban Commercial (SC) to Industrial (I) for property located at 99 Calle Uno, East Rockland Key, Government Lot 5, Section 21, Township 67 South, Range 26 East, Monroe County, Florida, Mile Marker 9.5, having a real estate number 00122000.000000; and WHEREAS, The Development Review Committee examined the following information: I) The application from Key West Brewery to change the Land Use District (Zoning) Map from Sub Urban Commercial (CS) to Industrial (I). 2) The staff report prepared by Tom Kizis, Planner and Dianna Stevenson, Biologist, dated December 27, 2000; and WHEREAS, The Development Review Committee made the following Findings of Fact: 1) Section 9.5-511 of the Monroe County Code specifies the Planning Commission may consider a land use change if at least one p,f six criteria is met. 2) Section 9.5-511 also prohibits a change which negatively impacts community character. 3) Objective 101.4 of the Comprehensive Plan requires that the County regulate future development to maintain the character of the community. 4) The subject property contains the Key West Brewery on East Rockland Key, adjacent to U.S. 1, and is proximate to a variety of commercial, residential, industrial and other uses. 5) The property is designated as Sub Urban Commercial (SC) on the Land Use District (Zoning) Map. 6) This proposed map amendment seeks to change the existing Land Use District (Zoning) Map classification from Sub Urban Commercial (SC) to Industrial (I). 7) On December 16, 1999, a Minor Conditional Use request was approved for the redevelopment of the property from a beer distributorship to a micro-brewery. RE#OO 122000.000000 Key West Brewery Zoning Page 1 of3 Initials 8) The pre.1986 zoning of the property was Medium Business (BU-2T). The BU-2T land use district was primarily industrial in use. 9) On February 28, 1986, the zoning of the subject property was changed to Sub Urban Commercial (SC). The remainder of the parcel was changed to Industrial (I). This resulted in a split-zoning situation where one historically single parcel was divided into two (2) different zoning districts. There is no apparent rationale for the division of this parcel into two different zoning classifications and it may have been done as a result of an error. 10) According to Section 9.5-206 of the Monroe County Code, the purpose of the Sub Urban Commercial District (SC) is to establish areas of commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. 11) The Future Land Use Map of the Monroe County 2010 Comprehensive Plan is consistent with the current land use district (zoning) designation although a split-zoning situation exists. 12) The subject property is bordered by the following land use (zoning) districts: To the north by Improved Subdivision (IS), to the west by Industrial (I), to the east by Sub Urban Commercial (SC), and to the south, on the other side of U.S. 1, by Native Area (NA); and WHEREAS, the Development Review Committee made the following Conclusions of Law: 1) This amendment meets the criteria outlined in Section 9.5-511 and will not negatively impact or alter the character or the subject property or the surrounding area. 2) No rationale is apparent for the creation of the split-zoning situation and an error may have occurred. Since the pre-1986 zoning designation was BU-2T, a primarily industrial use zone, the entire parcel should have been classified Industrial (I). 3) According to Section 9.5-206 of the Monroe County Code, the purpose of the Sub Urban Commercial District (SC) is designed and intended to primarily to serve the needs of immediate planning area in which they are located. Neither the current nor proposed use of the property meets this criteria. 4) Based on the pre-19~6 zoning classification, historical use, and the current and projected use of the property, it is applOpriate that the subject property have an Industrial designatiun on the Land Use District (Zoning) Map. 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 by the Key West Brewery of the proposed Land Use District (Zoning) Map amendment from Sub Urban Commercial (SC) to Industrial (I), making the entire parcel Industrial (I). RE#OO 122000.000000 Key West Brewery Zoning Page 2 of3 Initials PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida. at its regular meeting of January 4, 2001. Edward Koconis, AICP, Director Island Planning Team, DRC Chair Tom Kizis, Planner Ralph Gouldy, Environmental Resources Senior Administrator Department of Health (by fax) Department of Public Works (by fax) Department of Engineering (by fax) YES YES YES YES YES YES DEVELOPMENT REVIEW COMMITIEE OF MONROE COUNTY BY Edward Koconis, Chair Signed this _day of ,2001. RE#OO 122000.000000 Key West Brewery Zoning Page 3 of3 Initials