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Item D4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 20,2001 Division: Growth Management Department: Plannine: & Environmental Resources Bulk Item: Yes No X AGENDA ITEM WORDING: Second of two public hearings to consider a Future Land Use Map and a Land Use District Map Amendment, for James Dougherty, Jr. to amend the Future Land Use Map (FLUM) from Residential Conservation (RC) to Residential Medium (RM) and to amend the Land Use District (Zoning) Map from Native (NA) to Improved Subdivision (IS). ITEM BACKGROUND: The first public hearing or "transmittal" hearing was held on November 21, 2000. At that meeting, the BOCC recommended approval for both the FLUM Amendment and the corresponding Rezoning Amendment. The Planning Department, upon the instruction of the BOCC, transmitted the proposed amendments to the Department of Community Affairs (DCA) for its consideration. On October 31, 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 RELEVANT BOARD ACTION: None. CONTRACVAGREEMENTCHANGES:NM STAFF RECOMMENDATION: Approval. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A APPROVED BY: County Attorney X OMB/Purchasing Risk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X DISPOSITION: Agenda Item #: <>.2-9/ Revised 2/27/01 ,<!,G D:\DESK TOP\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Dougherty BOCC agenda item. doc Dougherty / Buccaneer Point Future Land Use Amendment and Zoning Map Amendment Board of County Commissioners Marathon Government Center December 20, 2001 Proposed Future Land Use Map Amendment Residential Conservation (RC) and Residential Medium (RM) To Residential Medium (RM) & Proposed Land Use District (Zoning) Amendment Native (NA) and Improved Subdivision (IS) To Improved Subdivision (IS) This map amendment is for changing the Future Land Use Map designation from Residential Conservation (RC) and Residential Medium to Residential Medium (RM); and the Land Use District (Zoning) from Native (NA) and Irnproved Subdivision (IS) to Improved Subdivision (IS), for the upland portions of the properties described as Lots 43, 44, 45, and 46 in Buccaneer Point Subdivision, Section 31, Township 61 South, Range 39 East, in Key Largo, Monroe County. The subject properties are located at approximately mile marker 98.5. Future Land Use Map Recommendations Staff: Approval September 13,2000 Staff Report DRC: Approval September 14,2000 Resolution #DI4-00 PC: Approval September 27,2000 Resolution #P63-00 BOCC: Approval November 21,2000 Resolution #489-2000 Land Use District (Zoning) Recommendations Staff: Approval September 13, 2000 Staff Report DRC: Approval September 14,2000 Resolution #DI5-00 PC: Approval September 27,2000 Resolution #P64-00 BOCC: Approval November 21,2000 Resolution #489-2000 BOCC Ordinance to Amend Future Land Use Map (FLUM) ORDINANCE NO. -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY JAMES DOUGHERTY, JR. TO AMEND THE FUTURE LAND USE MAP FROM RESIDENTIAL CONSERVATION (RC) AND RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL MEDIUM (RM) FOR THE UPLAND PORTIONS OF THE PROPERTIES DESCRIBED AS LOTS 43, 44, 45, AND 46, BUCCANEER POINT SUBDIVISION, KEY LARGO, LOCATED IN SECTION 31, TOWNSHIP 61S, RANGE 39E, AT APPROXIMATELY MILE MARKER 98.5. WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on November 21, 2000, conducted a review and consideration of the request filed by the applicant to amend the Future Land Use Map from Residential Conservation (RC) and Residential Medium (RM) to Residential Medium (RM) for the upland portions of the properties located on North Bounty Lane in Buccaneer Point Subdivision, Section 31, Township 61S, Range39E, Monroe County, Florida, having the real estate identification numbers 00496131.008700, 00496131.008800, 00496131.008900 and 00496131.009000; and WHEREAS, the Development Review Committee, Planning Commission, and staff report all recommend approval of this future land use map amendment from RC and RM to RM as indicated in Resolutions D14-00 and P63-00; and WHEREAS, the Planning Commission held a public hearing on September 27, 2000 and recommends approval of the request; and WHEREAS, the Board of County Commissioners made the following Finding of Fact: 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed factors. 3. This map amendment has been initiated by the property owner to address factor six (vi), data updates. The applicant listed the following reason for requesting a rezoning of the subject properties: The upland area currently zoned Native Area has been filled and is now disturbed, therefore, the site conditions have changed. Map File #20003 Page I of 4 Initials D:\DESK TOP\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Ordinance FLUM.doc 4. The Planning Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by the County Biologist revealed a disturbed, scarified upland site. 5. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use Map categories Residential Conservation (RC) and Residential Medium (RM) were applied to the subject properties, following the existing zoning. 6. The subject properties currently have the Future Land Use Map category Residential Conservation (RC) and Residential Medium (RM) on the upland portions of the properties. 7. There has been one re-zoning of the subject properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings between 1986 and 1988 to identify errors brought forward by property owners. As a result, a boundary change was approved by the Board of County Commissioners on June 5, 1989. The result of the approval is the current zoning boundary on the subject properties based on the "fill pads." 8. Policy 101.4.1 states that the purpose of the Residential Conservation (RC) land use category is to encourage the preservation of open space and natural areas while providing for very low- density residential development permitted in areas characterized by a predominance of undisturbed native vegetation. Development of vacant land within this land use category is based on permitted densities resulting from habitat analysis required under Monroe County Land Development Regulations. 9. Policy 101.4.3 states that the purpose of the 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. 10. The Buccaneer Point Subdivision is a residential neighborhood, with the majority of lots developed. 11. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the upland portions of the subject properties. 12. Section 9.5-511 prohibits any amendments to the text that would negatively impact community character. 13. Changing the Future Land Use Map category will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. Map File #20003 Page 2 of 4 Initials D:\DESK TOP\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Ordinance FLUM.doc 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 16. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 17. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated; and WHEREAS, the Board of County Commissioners made the following Conclusions 9f Law: 1. This map amendment meets the criteria outlined in Section 9.S-S11(d)(S)b(vi) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Buccaneer Point Subdivision. 2. 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. 3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, will facilitate infill in an already developed neighborhood; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section I. This Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The upland portions of the previously described property, which are currently Residential Conservation and Residential Medium shall be designated as Residential Medium as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit I. Map File #20003 Page 3 of 4 Initials D:\DESK TOP\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Ordinance FLUM.doc Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. If any section, subsection, sentence, clause, item, change or prOVISIon of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6. This ordinance is hereby transmitted to the state land planning agency for review and comment pursuant to Chapter 163, Florida Statutes. Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , A.D., 2000. 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) ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK APPROVED AS TO FORM AND~..G. AL SUFFICIENCY ~~ BY Attorney's Office Map File #20003 Page 4 of 4 Initials c:\ WINN1\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\Dougherty Map Ord.doc "rft" -- - -. -- - ~0U0'f" 011 iIoIP!r' "I"... ....Kn I)l =tr ,., ~ i ~ ~ I ~II Site ~. ........~,~ 7 '-~' ;~'_.~~._' , . ~'~91.~~::~. .-<..-. '->.,.:.' ,.....:~'~-:=-; " .,. "'-:0,' 33037 01-..._..-,:; . ROCK RAlUIO ~ ~"N' POINT KEY LARGO CHARLES RODRIGUEZ v. Proposed Land Use District Map Key: Key Largo Amendment: Street Map Mile Marker: Approximate Mile Marker 98.5 Proposal: James C. Dougherty, Jr., EtA! are requesting a land Use District Map amendment from Native Area (NA)/Improved Subdivision (IS) to Improved Subdivision (IS) Property description: RE#: 496131.008700 -496131.009000, Sec. 31, Twp. 61 S., Rge. 39 E., Lots 43,44,45, & 46, Block 3, Buccaneer Point Estates, Key Largo, Monroe County, Florida Land Use District Map #: 137 Map Amendment #: 20003 . BOCC Ordinance to Amend Land Use District (Zoning) Map ORDINANCE NO. -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY JAMES DOUGHERTY, JR. TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM NATIVE AREA (NA) AND IMPROVED SUBDIVISION (IS) TO IMPROVED SUBDIVISION (IS) FOR THE UPLAND PORTIONS OF PROPERTIES DESCRIBED AS LOTS 43, 44, 45, AND 46, BUCCANEER POINT, KEY LARGO, LOCATED IN SECTION 31, TOWNSHIP 61S, RANGE 39E, AT APPROXIMATELY MILE MARKER 98.5 WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held on November 21, 2000, conducted a review and consideration of the request filed by the applicant to amend the zoning map from Native Area (NA) and Improved Subdivision (IS) to Improved Subdivision (IS) for the upland portions of properties located on North Bounty Lane in the Buccaneer Point Subdivision, Section 31, Township 61S, Range 39E, Monroe County, Florida, having the real estate identification numbers 00496131.008700, 00496131.008800, 00496131.008900 and 00496131.009000; and WHEREAS, the Development Review Committee, Planning Commission and staff support and recommend approval of this land use district (zoning) map amendment from NA and IS to IS as indicated in Resolutions D 15-00and P64-00; and WHEREAS, the Planning Commission reviewed and considered the application during a public hearing on September 27,2000, and recommends approval of the request; and WHEREAS, the Board of County Commissioners made the following Findings of Fact: 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed factors. 3. This map amendment has been initiated by the property owner to address factor siy (vi), data updates. The applicant listed the following reason for requesting a rezoning of the subject properties: The upland area currently zoned Native Area has been filled and is now disturbed. Therefore, the site conditions have changed. File # M20003 Page lof4 Initials D:\DESK TOP\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Ordinance MAP.doc 4. The Planning and Environmental Resources Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by the County Biologist revealed a disturbed, scarified upland site. 5. The subject properties currently have the mapping category Native Area (NA) and Improved Subdivision (IS), which because of the unique fill pad zoning coverage on the subject properties, does not allow sufficient Improved Subdivision (IS) area for single family homes on each lot. 6. The purpose of the Native Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. 7. The purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter, For the purpose of this section, improved lots are those which are served by a dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient uplands to accommodate the proposed use in accordance with the required setbacks. 8. Though zoned Native Area (NA) and Improved Subdivision (IS), the Buccaneer Point Subdivision is a residential neighborhood, with the majority of the lots developed and the remainder vacant. 9. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate zoning map category for the upland portion of the subject properties. 10. Section 9.5-511 prohibits any amendments that would negatively impact community character. II. Changing the zoning map will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. 12. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 13. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and '.vastewater indicates that there are no significant concerns regarding impacts on public facilities. 14. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. File # M20003 Page 2 of 4 Initials D:\DESK TOP\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Ordinance MAP.doc 15. The proposed zoning map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated; and WHEREAS, the Board of County Commissioners made the following Conclusions of Law: I. This map amendment meets the criteria outlined in Section 9.S-S11(d)(S)b.(vi) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Buccaneer Point neighborhood. 2. The proposed zoning map amendment meets Objective 101.8 in that it provides a mechanism for the upland portions of the subject properties to come into conformance. 3. The proposed zoning 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 zoning map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, and will facilitate infill in an already developed neighborhood; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The upland portions of the previously described properties, which are zoned Native (NA) and Improved Subdivision (IS), shall be zoned Improved Subdivision (IS) 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 of this ordinance shall not be affected by such invalidity. Section 4. 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 ordinance. File # M20003 Page 3 of4 Initials D:\DESK TOP\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Ordinance MAP.doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , A.D., 2000. 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 , ^!'PROVED AS TO FORM AND~EGALSUFFICffiNCY By[f~ . a"UJUCY.s Office File # M20003 Page 4 of 4 Initials C:\WINN1\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\Dougherty - Buccaneer Point\Ordinance MAP.doc Proposed Land Use District Map Amendment: 1999 FARS Aerial Key: Key Largo N Mile Marker: Approximate Mile Marker 98.5 Proposal: James C. Dougherty, Jr., EtA! are requesting a land Use District Map amendment from Native Area NA / 1m roved Subdivision IS to 1m roved Subdivision IS Property description: RE#: 496131.008700-496131.009000, Sec. 31, Twp. 61 S., Rge 39 E., Lots 43,44, 45, &46, Block 3, Buccaneer Point Estates, Key Largo, Monroe County, Florida Aerial ~p#: 24-31 Map Amendment # 20003 , \ \ \ \ \ \ \ \ \ \ \ \ FLDRIDA SAY \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ aJTTONftOOD SQI\I) NA IS Proposed Land Use District Map Key: Key Largo Amendment: Zoning Map Mile Marker: Approximate Mile Marker 98.5 N Proposal: James C. Dougherty, Jr., EtA! are requesting a land Use District Map amendment from Native Area NA 11m roved Subdivision IS to 1m roved Subdivision IS Property description: RE#: 496131.008700-496131.009000, Sec. 31, Twp. 61 S., Rge. 39 E., Lots43,44,45, &46, Bbck 3, Buccaneer Point Estates, Key Largo, Monroe County, Florida Land Use District Map #: 137 Map Amendment # : 20003 ;::, RESOLUTION N0489 . -2000 C Q e:: '- e ,... C,.) . p.iI LLJ e:: :c a.. e:: e - LA.. - 0 (..) 1L.J 1&.1 --' Q - 0 LA.. 0 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMuNITY AFFAIRS THE REQUEST BY JAMES DOUGHERTY, JR. TO CHANGE THE FUTURE LAND USE MAP OF. THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FROM RESIDENTIAL CONSERVATION (RC) AND RESIDENTIAL MEDIUM (RM) l&J JO RESIDENTIAL MEDIUM (RM) FOR THE UPLAND ~ .,fORTIONS OF THE PROPERTIES DESCRIBED AS LOTS 43, 30*, 45, AND 46, BUCCANEER POINT SUBDIVISION, KEY t- ~a:~ARGO, LOCATED IN SECTION 31, TOWNSHIP 61S, ...i~~GE 39E, MONROE COUNTY, FLORIDA, AT ~3~PROXIMATELY MILE MARKER 98.5, HAVING THE ~u~AL ESTATE IDENTIFICATION NUMBERS 00496131. Cl ~08700, 00496131. 008800, 00496131.008900, AND 00496131. 009000 WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purposes of considering the transmittal to the Florida Department of Community Affairs for review and comment of a proposed amendment to the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, changing the future land use designation of the properties described above; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested future land use designation change; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board of County Commissioners does hereby adopt the recommendations of the Planning Commission pursuant to the 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 for 2001 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statutes; and page I of2 Initials W:\Planning\Map Amendments\M20002 Dougherty\BOCC\Transmittal Resolution.doc Section 3, The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of9J-ll.006 of the Florida Administrative Code; and 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..1.L of November ,2000. Mayor: Neugent yes Mayor Pro Tem' Wi~liams yes Commissioner McCoy yes Commissioner ~ Ne~son. yes Commissioner' Spehar yes BOARD OF COUNTY COMMISSIONERS O~ONROE COUNTY, J?f; IT ~~,e ~ ATTEST: D~L.KOLHAGE,CLERK ~okLC.~)6~ Deputy Clerk BY page 2 of2 Initials \ \gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\BOCa Transmittal Resolution.doc MEMORANDUM TO: Board of County Commissioners THROUGH: K. Marlene Conaway, Director ofPlanning"~~ FROM: Edward Koconis, AICP, Director of Upper Keys Island Planning Team Niko Reisinger, Upper Keys Biologist RE: Dougherty Rezoning Buccaneer Point RC/RM to RM (Upland Only) and NAIlS to IS (Upland Only) DATE: October 31,2000 MEETING DATE: November 21, 2000 EXISTING FUTURE LAND USE DESIGNATION: Residential Conservation (RC) and Residential Medium (RM) PROPOSED FUTURE LAND USE DESIGNATION: Residential Medium (RM) in Upland Area EXISTING ZONING DESIGNATION: Native Area (NA) and Improved Subdivision (IS) PROPOSED ZONING DESIGNATIONS: Improved Subdivision (IS) in Upland Area AGENT: James Dougherty, Jr. PROPERTY INFORMATION Key: Key Largo Size: approximately 88,000 sq. ft. (2.02 acres) Mile Marker: MM 98.5 of U.S. Highway No. I File # M20002 Page I of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC StaffReport.doc Location Detail & Brief Description: Four properties in Section 31, Township 61, Range 39 in Monroe County, Florida, are included in this map amendment with the Real Estate Numbers, 00496131.008700, 00496131.008800, 00496131.008900 and 00496131.009000. The subject properties are located within the Buccaneer Point Subdivision off US 1 at Mile Marker 98.5 on the bayside of Key Largo. Gasparilla Drive and Jean Lafitte Drive provide access offUSI to Buccaneer Point. The properties to which this map amendment applies, Block 3, Lots 43, 44, 45, and 46 are situated at the end of North Bounty Lane. \ G~ Ie ... '-. . " 1,.... .:;. 'o/~ ... Figure 1. The Future Land Use Map Districts _-----~ N A ~ -""""-' ~c,;.. -';-'-1 ". ". '\.. ........ \ '. Figure 2. The Current Zoning The Buccaneer Point Subdivision is composed of single-family detached dwellings. The subdivision is framed around two central lakes. Interior lots front onto the lake, while the outer lots have access to Florida Bay. Across the street from the subject properties are single family homes while the properties flanking the subject properties are vacant. The subject properties are bifurcated with both Residential Medium (RM) and Residential Conservation (RC) Future Land Use designations and Native Area (NA) and Improved Subdivision (IS) zoning. Both the Future Land Use designations and the zoning follow a fill pad shape on the subject lots. The ~urtion of the lots closest to the water has a Future Land Use designation of Residential Conservation (Re) and Native Area (NA) zoning. The total area of the subject properties is approximately 2.02 acres. Although the current area zoned Improved Subdivision (IS) permits the development of single detached dwellings, with the required setbacks and buffers, 2 lots are required to develop one house. Therefore, each lot is insufficient for a dwelling unit with the existing zoning. File # M20002 Page 2 of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC StaffReport.doc Existing Use: The subject properties are four side by side lots, Lot 43, approximately 26,970 sq. ft., Lot 44, approximately 23,400 sq. ft., Lot 45, approximately 20,240 sq. ft., and Lot 46, approximately 17,888 sq. ft. The lot depths range from 208 ft. to 290 ft. A professional land survey prepared by Hal Thomas shows the property line and the proposed area of fill (that has since become the actual area of fill) (Attachment 1). Section 9.5-281, Minimum Yards, of the Land Development Regulations indicates that residential uses in Improved Subdivision zoning have a minimum 25 ft. front yard setback, a minimum 10ft. setback on one sideyard with a combined minimum of 15 ft. for both sides, and a rear yard setback of 20 ft. The proposed rezoning would not change the setback requirements since it is simply redefining the Improved Subdivision area of the subject lots. With the current Improved Subdivision (IS) zoning designation, in accordance with Section 9.5- 377 of the Monroe County Land Development Regulations, a minimum District Boundary Buffer is not required since bufferyards between Improved Subdivision (IS) zoning and Native Area (NA) zoning are not required. The proposed zoning change will not require a District Boundary Buffer, since the current zoning designations will not change as a result of the proposed zoning change. Existing Habitat: The habitat of the subject properties is best classified as scarified/disturbed, with a court-ordered fringe of mangroves along the shoreline. The lots consist of approximately 8,000 square feet of filled land each. This parcel is within a platted subdivision that is serviced by public utilities. The parcels are not recognized habitat to any state or federally listed animal species and are not within C.A.R.L. or critical habitat 2.i"ea. The upland portion of the parcels fall within the VE 12 and AE 1 0 flood zones as per the FIRM panell004G, effective date June 16, 1995. Land Use and Habitat on the 1985 Existing Conditions Aerials: Sheet 264 of the 1985 Existing Conditions Aerials shows the vegetation code to be 740, indicating that the properties are disturbed. An open space ratio of 0.20 is required in accordance with S~ction 9.5-343 of the Land Development Regulations. The fringe of mangroves is shown as 612, and has a 100% open space ratio, allowing only a pile- supported accessway for a dock. Neighboring Land Uses and Character: The Buccaneer Point Subdivision is exclusively a residential neighborhood. The four subject properties are part of a series of undeveloped lots on the north side of North Bounty Lane. The south side of North Bounty Lane is developed with single detached residential dwellings. The south side lots also have bifurcated zoning and illustrate the intent of this proposed rezoning. The File # M20003 Page 3 of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC Staff Report.doc area of the lots closest to the shoreline are zoned Native Area (NA) while the portion of the lot closest to the roadway, and consequently where the dwellings are, are zoned Improved Subdivision (IS). ZONING AND LAND USE HISTORY Pre-1986 Zoning: The pre-1986 zoning for the subject properties was RU-I, Single Family Residential District. This zoning applied to all of the properties in Buccaneer Point. The zoning district was intended to provide residential areas consisting of single family detached dwellings on lots with a minimum size of 8,000 sq. ft. Considerations During the 2010 Comprehensive Plan Process: During the 2010 Comprehensive Plan process, the Future Land Use categories of Residential Conservation (RC) and Residential Medium (RM) were applied to the subject properties following the existing zoning. Similarly, adjacent properties in Buccaneer Point were also given both of those zoning categories. Changes to Boundary Considerations Since 1986: On June 5, 1989, Monroe County amended the zoning in the Buccaneer Point Subdivision. The new zoning more accurately reflected the transition between the Improved Subdivision (IS) and the Native Area (NA). The new zoning boundaries also permitted additional housing to be built in Buccaneer Point. During this process, the Monroe County Board of County Commissioners passed the resolution (# 160-1989) permitting the zoning pattern that is currently found on the subject properties. The "fill pad" shaped zoning reflected the vegetative boundaries on the site and was intended to allow housing on the subject properties either by using a shared drive or through the aggregation of two lots. ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b): Changed Projections or Assumptions: None Data Errors: None New Issues: None Recognition of a Need for Additional Detail or Comprehensiveness: None Data Updates: According to the applicant, the reason for the proposed zoning change is to reflect the changed site conditions. More specifically, part of the original area zoned Native Area (NA) between the File # M20003 Page 4 of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC StaffReport.doc Improved Subdivision (IS) areas has now been filled and the zoning should reflect conditions ofthe subject properties. In 1975, Monroe County approved the plat of the Buccaneer Point Subdivision and zoned all of the lots residential. In 1983, a court order was issued by the U.S. Court of Appeals (Case # 78-194-Civ-Hoeveler), recognizing the right of Buccaneer Point to continue and finish the subdivision after disputes with the U.S. Corps of Army Engineers. Shortly thereafter, the Department of Environmental Regulation also claimed jurisdiction over areas platted with residential lots. A settlement was reached whereby the parts of the lots closest to the shore were required to have conservation easements placed on them. Although the lots were designed to make as little an impact as possible, the "house pad" design zoning boundaries were adopted by the Monroe County on June 5, 1989 by the Monroe Board of County Commissioners. .''''":', ;:~\. '/':"~~~'~'~"" [:,/--'u ....~ "9'<'~~ t';;~~~~ ~;~-~:::~~ .<", . \. .. \ ,.~. ~.'"'-'~B \'.~\0J:- d'Y- 1----1 .,.' ... " ,.',": \::;>......--' ,""- j,:.~: ,.. ..,., .~ .\ 'i~ .. '1 If /" , "t "I ~ IJ"f.l 1,,:,.,.4 I .," ,,:/ """'.i .""f \ . ~'." \ (>.i 'f.L.l.. +11,=", ::_...., .i! .,<,:",,,, 'i 1..i.'.'liJ. \, .:J :.~ I \ ..''"'.'':. 1.3 ~~ 'J \ I I ,....\.~~" ll...,;.;'....r.d. ,', ,..., ,.: ~~ t. \ ',J,., r' ":- ..... .-'." ,.) \ ~ .......' 1~~I'" " it; '~--l .J.,. ~ L.. ~,b,,-:;-.~;~'-.:- ~~:.:;::S ( ~ --:--,\ _/l--~.:~r'~\~"'E!-"T /---;---1 " 2.~~~~.:~, / \ ,.,' r:: r. ,.~ \ ~'. . M I ~, (<, ~r; l ,>1 I / ". .-' t'::' . CO :~(\ fJ": ::: .;::;'. (;;,- '.' r<'.'\J~! 4.) C' , "., .,;~~ I ._:;i-::;':;. :".1 \~~j c'."=' ~.::-- :;':;\ _?-.:~ (,.4,. Figure 3. Area of Conservation Easements . c.' ' :~~\ ~ /~;, .,:> <c" "." <'" ",. ". ::::\<:28 Li.jjj~ ,- ___"..f""" tt\::~ .' .- \ \ ".. \ _",~,,,,,\,,""<r- \ \ (" ,";:;' \ _ """,~'"CI'~~='-' ". ~ . ,,:; " ;>y,---- ...,,= . , " ..._.,.~ I.:l' \ ';>.. __, .."""~".. ~-'I,::.::..\W. , ':c-,;;-<',. -, ~.:,':~ J /', ~..(I'.fJ t. f ~I I 1 1'":.'":__ " ,_ ,,I., /;' / :),.< ..,:: I 'l,,- I . .. " ~ r-:-:... .'1 . ,,,.._,- '".. \ ~. ".1 \ '.,J \' " '. _, ~.. ;~'';'"'' h .,';~ ,I~ M (.:": ',. ~:I \ '" }-" ~. ~~l -: j ~~;.,...'" r .-" ~. \ ~ l -~, , .' '~--L . . L.. -,b,,-:;-:S::-- ~.... .. "'. . ~' ( .~ --:--,. . ~~l~.~~f' "'~r-^"1~I- ".r'''-r~,,1 (~~:.~ / / I..... '\ f t ., ,.-\ ~:'I -' I' l I" \ h'.' \ ,..,' r:: r. ,.~ ~'. M I C<", (, ~"" l ,>1 l / "- ,.' c.p ~:::'I .....;) (,..:, ._;;:. t~":l:'-=' Figure 4. Areas Filled According to Monroe County Permit # 89-3-1176. The purpose of the zoning in this case, is to define where the natural vegetation and the improved subdivision areas exist. The applicant asserts that since the natural vegetation pattern has changed on the site with the authorization of Monroe County (Fill Permit # 89-3-1176), the zoning should also be changed to reflect the new vegetation pattern. CURRENTL Y RC/NA i::~\. t.L~',\ .""".".....c...,..",... ~.CJ L~:,~_ ;\-f\~~ .cuRRENTL Y ,.,.."_ ",.<\'"=T '\ (0; I'?; \.-- RM/IS .~""",~',cl'==~''''(' \ ". ~n '. ~.-.k~t-.--- "",""=-'.. ,- ' .. -. ,.., .. \f/- __, ..,. ..t fIf'!"- . '.. '\ "~, \ .. J /', ,:.<f,4'{ t:r. ~~ I ~~ I (:.~___:: ~.::. I _ r // I '.i. ..",,, \ .. \ ;}i .~ ''"~. +11 .=-,~, if ,<':",," I; ""r:~. '\1 ,~'. .:1:,; ,-''-~ (:j \' '~4J I_i .,' ,1."-:~11c'" ~r,I !~"'~.:':"r'ljo- .1 .-, \ ,.u I ., t, _ '.'., r' . ,.. ,. :;~I~~;.~~\tjitli.'~~;- l,,:"r" - ,:~~J,I 3{~:~, / -, f I I! /' ~ \., -"',' \ ,.., ~ ,.- r ......, .......,. r'Y'. 1-:-., (<, ~..-:: )'1' - - ..... . . RM/IS Figure 5. Proposed FLUM and Zoning Change (Area with FLUM and zoning change is currently both RCINA and RMIIS. See Figure 2.) File # M20003 Page 5 of 12 W :\Planning~ap Amendments\M20002 Dougherty\BOCC\BOCC Staff Report.doc 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 Conservation (RC) and Residential Medium (RM). Policy 101.4.1 of the Monroe County Year 2010 Comprehensive Plan states that: The principal purpose of the Residential Conservation land use category is to encourage preservation of open space and natural resources while providing for very low-density residential development in areas characterized by a predominance of undisturbed native vegetation. Low-intensity public uses and utilities are also allowed. Policy 101.4.1 of the Monroe County Year 2010 Comprehensive Plan states that: The principal purpose of the Residential Medium 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 Native Area (NA) and Improved Subdivision (IS). Section 9.5-210 ofthe Monroe County Land Development Regulations states that: The principal purpose of the Native Area land use category is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. Allowable uses as-of-right under Section 9.5-239, Native Area District include: · Detached residential dwellings; · Beekeeping; · Home occupations - Special use permit requiring a public hearing; and · Accessory uses. Uses permitted as minor conditional uses ipdude: · Attached residential dwelling units not exceeding 4 units; · Public buildings and uses provided that the parcel is larger than 2 acres; · Agricultural uses; and · Attached wireless communication facilities. File # M20003 Page 6 of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC Staff Report.doc Uses permitted as major conditional uses include: · Attached residential units; · Marinas; · Solid waste facilities; and · Satellite earth stations. The above permitted uses are not likely to be allowed in this case, the NA zoning classification was placed on portions of lots at Buccaneer Point in recognition of a court-ordered conservation easement. The NA portions of these lots are fringing mangroves, and as such, allow only pile- supported structures such as observation platforms or docks as accessory to an upland residence. Section 9.5-213 of the Monroe County Land Use Development Regulations states that: The purpose of the Improved Subdivision (IS) District is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter. Improved lots are those which are served by a dedicated and accepted existing road of porous or non-porous material, that have a Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient uplands to accommodate the proposed use in accordance with the required setbacks. This district is not intended to be used for new land use districts of this classification within the county. Allowable uses under Section 9.5-242, Improved Subdivision District includes detached dwellings of all types. 2. Potential Land Uses With Proposed Text Amendment The proposed Future Land Use Map category for the upland portions of the subject properties is Residential Medium (RM). Policy 101.4.4 of the Monroe County Year 2010 Comprehensive Plan states that: The principal purpose of the Residential Medium 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 Residential Medium (RM) Future Land Use district corresponds with the land use (zoning) district, Improved Subdivision (IS) File # M20003 Page 7 of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC Staff Report.doc Compatibility With Adjacent Land Uses and Effects on Community Character: The Monroe County Land Development Regulations address this issue with Section 9.5-511 of the LDRs prohibiting any amendments that would negatively impact community character. The proposed text amendment is not in conflict with the community character based on the following findings: Density and Intensity The proposed rezoning will not result in changes to the development potential of the subject properties, since part of the properties are already zoned Improved Subdivision (IS). The lots were intended to have single family detached residential dwellings, based on the presence of the Improved Subdivision (IS) "house pad" zoning currently there. The associated maximum net density is therefore not changed with the proposed rezoning. The maximum intensity will also not change with the proposed rezoning since the maximum floor area ratio does not apply. Therefore, the proposed change in zoning does not change the density or intensity of future development on the properties. The proposed change does however, permit a larger house on each property. Use Compatibility Rezoning the subject properties to a zoning district that permits single family detached dwellings would ensure the harmonization of land uses in the neighborhood. The rezoning would also bring these properties into synchronization with the zoning scheme of the surrounding parcels already zoned Improved Subdivision (IS), creating greater consistency in the subdivision, and improving the opportunities for successful integration with the land uses of the surrounding properties, should development be approved. Local Traffic and Parking The Buccaneer Point Subdivision is located off of Highway US 1 in Key Largo. Since the subject lots are at the end of North Bounty Lane, only local traffic is generated along the local roads leading to the Buccaneer Point Subdivision. Parking in the neighborhood is contained on-site. Therefore, parking would not be a concern with the proposed change in zoning since it would be accommodated on the subject properties. Effects on Natural Resources: Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. A site visit was made by Niko Reisinger, Upper Keys Biologist, in conjunction with the previous rezoning in 1989, as well as numerous visits nearby since then. She feels that rezoning the File # M20003 Page 8 of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC Staff Report. doc upland portions of the properties from Native Area (NA) and Improved Subdivision (IS) to Improved Subdivision (IS) will not have any negative effects on the habitat of the subject properties. The subject properties are disturbed with native vegetation occurring outside of the area in this proposed zoning change. 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 map amendment supports Objective 101.11 based on the following findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater: Traffic Circulation U.S. Highway No.1 is required to maintain a level of service (LOS) of C in order to support additional development. The level of service for Mile Marker 98.5 is A, which is adequate to serve the existing and proposed uses. This level of service will not be significantly affected by the proposed change from Native Area (NA) and Improved Subdivision (IS) zoning to Improved Subdivision (IS) for the upland areas of the four lots. Access to Highway 1 from the subject properties is by way of Jean Lafitte and Gasparilla Drives. Vehicular traffic associated with the permitted uses of the subject properties after the rezoning will likely increase negligibly. Solid Waste The existing solid waste haul out contract will provide Monroe County with guaranteed capacity to 2006. The proposed land use change is not expected to have a significant effect on solid waster generation or removal. Potable Water The Florida Keys Aqueduct Authority's eXIstmg consumptive use permit authorizes the withdrawal of sufficient quantities to meet the demand anticipated for 2000. The proposed text amendment is not anticipated to have a significant effect on potable water withdrawals. Storm water It is unlikely that a net increase in stormwater runoff could result from this land use change as Section 9.5-293 of the Land Development Regulations requires that all developments retain stormwater on site following Best Management Practices (BMPs). Also, pursuant to Policy 1001.1.1, all projects shall be designed so that the discharges will meet Florida State Water Quality Standards. Compliance review for these sections is determined by the Environmental Resources Department and the Department of Health and occurs at the time a development permit has been filed. In addition, Monroe County and the South Florida Water Management District, acting in File # M20003 Page 9 of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC Staff Report.doc 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 impacts from the proposal are anticipated. Effects on RedevelopmentlInfill 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 proposed land use change is in keeping with Goal 102 as the applicable upland areas ofthe subject properties are disturbed. FINDINGS OF FACT 1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed conditions. 2. This map amendment recognizes data updates concerning the vegetative areas found onsite. The application was initiated by the applicant to rezone the subject properties to a land use district that permits the construction of one (1) single family detached home per lot. Single family detached residential dwellings are found adjacent to the subject properties, in a neighborhood where the character is composed solely of single family residential detached dwellings. 3. The pre-1986 zoning of the subject properties was Single Family Residential District (RU- 1). 4. During the 1986 Comf-.'ehensive Plan process, the land use (zoning) district of the subject properties was changed to Native Area (NA) and Improved Subdivision (IS). 5. Section 9.5-210 of the Land Development Regulations states that the purpose of the Native Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. 6. Section 9.5-213 of the Land Development Regulations states that the purpose of the Improved Subdivision (IS) zoning is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter. 7. 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 Conservation (RC) and Residential Medium (RM). File # M20003 Page 10 of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC Staff Report.doc 8. Policy 101.4.1 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of Residential Conservation (RC) Future Land Use category is to encourage preservation of open space and natural resources while providing for very low-density residential development in areas characterized by a predominance of undisturbed native vegetation. 9. Policy 101.4.3 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of the 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. 10. Section 9.5-511 prohibits any map amendments that would negatively impact community character. 11. The subject properties are bordered by both lots zoned Improved Subdivision (IS) and lots bifurcated with Improved Subdivision (IS) and Native Area (NA) zoning designations. 12. Section 9.5-213 of the Land Development Regulations states that the purpose of the Improved Subdivision (IS) zoning is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter. 13. The single-family detached residential homes found on the surrounding properties and the residential nature of the surrounding neighborhood are reflective of purpose of the Improved Subdivision (IS) land use district. 14. Section 9.5-239 of the Land Development Regulations indicates that the Improved Subdivision (IS) zoning district permits single detached residential dwellings and therefore is the most applicable zoning district designation for the upland portion of the subject properties that will protect the residential nature of the community, should construction be permitted. 15. The Residential Medium (RM) Future Land Use category corresponds with the land use zoning category, Improved Subdivision (IS). 16. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the subject properties. 17. 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. 18. 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. File # M20003 Page 11 of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC Staff Report.doc 19. 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. 20. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated. 21. The proposed map amendment supports Goal 102 since there will be no change to the maximum density or intensity with the proposed change in zoning. CONCLUSIONS OF LAW 1. This map amendment meets the 5th criteria outlined in Section 9.5-511 and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Buccaneer Point Subdivision neighborhood. 2. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the findings of the 2000 Public Facilities Capacity As'sessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, and will facilitate infill in an already developed residential neighborhood. RECOMMENDATION Based on the above 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 Conservation (RC) and residential Medium (RM) to Residential Medium (RM) for the upland area of the subject properties and the proposed Official Land Use District Map amendment from Native Area (NA) and Improved Subdivision (IS) to Improved Subdivision (IS) for the upland portion of the subject properties. File # M20003 Page 12 of 12 W:\Planning\Map Amendments\M20002 Dougherty\BOCC\BOCC Staff Report.doc Planning Commission Resolutions RESOLUTION NO. P63-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY JAMES DOUGHERTY TO AMEND THE FUTURE LAND USE MAP FROM RESIDENTIAL CONSERVATION (RC) AND RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL MEDIUM (RM) FOR THE UPLAND PORTIONS OF THE PROPERTIES DESCRIBED AS LOTS 43, 44, 45, AND 46, BUCCANEER POINT SUBDIVISION, KEY LARGO, LOCATED IN SECTION 31, TOWNSHIP 61S, RANGE 39E, AT APPROXIMATELY MILE MARKER 98.5. WHEREAS, the Monroe County Planning Commission, during a regular meeting held on September 27, 2000, conducted a review and consideration of the request filed by the applicant to amend the Future Land Use Map from Residential Conservation (RC) and Residential Medium (RM) to Residential Medium (RM) for the upland portions of the properties located on North Bounty Lane in Buccaneer Point Subdivision, Section 31, Township 61S, Range39E, Monroe County, Florida, having the real estate identification numbers 00496131.008700, 00496131.008800, 00496131.008900 and 00496131.009000; and WHEREAS, the Planning Commission examined the following information: 1. The application from James Dougherty, Jr. to change the Future Land Use Map from Residential Conservation (RC) and Residential Medium (RM) to Residential Medium (RM) for the upland areas of the subject properties; and 2. The staff report prepared by Pat Small, Planner and Niko Reisinger, Upper Keys Biologist, dated September 27, 2000; and WHEREAS, the Planning Commission made the following Findings of Fact: 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed factors. Map File #20003 Page 1 of 4 Initials \ \gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\PaResolution P63-00 FLUM.doc 3. This map amendment has been initiated by the property owner to address factor six (vi), data updates. The applicant listed the following reason for requesting a rezoning of the subject properties: The upland area currently zoned Native Area has been filled and is now disturbed, therefore, the site conditions have changed. 4. The Planning Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by the County Biologist revealed a disturbed, scarified upland site. 5. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use Map categories Residential Conservation (RC) and Residential Medium (RM) were applied to the subject properties, following the existing zoning. 6. The subject properties currently have the Future Land Use Map category Residential Conservation (RC) and Residential Medium (RM) on the upland portions of the properties. 7. There has been one re-zoning of the subject properties since the Pattison maps were adopted in 1986. These maps went to Public Hearings between 1986 and 1988 to identify errors brought forward by property owners. As a result, a boundary change was approved by the Board of County Commissioners on June 5, 1989. The result of the approval is the current zoning boundary on the subject properties based on the "fill pads." 8. Policy 101.4.1 states that the purpose of the Residential Conservation (RC) land use category is to encourage the preservation of open space and natural areas while providing for very low- density residential development permitted in areas characterized by a predominance of undisturbed native vegetation. Development of vacant land within this land use category is based on permitted densities resulting from habitat analysis required under Monroe County Land Development Regulations. 9. Policy 101.4.3 states that the purpose of the Residential Medium (RM) Future Land Use category is to recognize those portions of suboivisions 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. 10. The Buccaneer Point Subdivision is a residential neighborhood, with the majority of lots developed. 11. Therefore, the Residential Medium (RM) Future Land Use category is the most appropriate land use category for the upland portions of the subject properties. 12. Section 9.5-511 prohibits any amendments to the text that would negatively impact community character. Map File #20003 Page 2 of4 \\gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\PCiResolution P63-00 FLUM.doc 13. Changing the Future Land Use Map category will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 16. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 17. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated; and WHEREAS, the Planning Commission made the following Conclusions of Law: 1. This map amendment meets the criteria outlined in Section 9.5-511(d)(5)b(vi) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Buccaneer Point Subdivision. 2. 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. 3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, will facilitate infill in an already developed neighborhood; 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 category from Residential Conservation (RC) and Residential Medium (RM) to Residential Medium (RM) for the upland areas of the properties located on North Bounty Lane, Buccaneer Point Subdivision, Section 31, Township 61S, Range 39E, Monroe County, Florida, having the real estate identification numbers 00496131.008700, 00496131.008800, 00496131.008900 and 00496131.009000. Map File #20003 Page 3 of 4 \\gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\PC\Resolution P63-00 FLUM.doc PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 27th of September, 2000. Chair Mapes Vice Chair Stuart Commissioner Hill Commissioner Marr Commissioner Werling YES YES YES YES YES PLANNING CO ISSION OF MO ~ BY Signed this ~ay of ,2000. BY Map File #20003 Page 4 of 4 Initials \\gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\PC\R.esolution P63-00 FLUM.doc RESOLUTION NO. P64-00 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST BY JAMES DOUGHERTY, JR. TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM NATIVE AREA (NA) AND IMPROVED SUBDIVISION (IS) TO IMPROVED SUBDIVISION (IS) FOR THE UPLAND PORTIONS OF PROPERTIES DESCRIBED AS LOTS 43, 44, 45, AND 46, BUCCANEER POINT, KEY LARGO, LOCATED IN SECTION 31, TOWNSHIP 61S, RANGE 39E, AT APPROXIMATELY MILE MARKER 98.5 WHEREAS, the Monroe County Planning Commission, during a regular meeting held on September 27, 2000, conducted a review and consideration of the request filed by the applicant to amend the zoning map from Native Area (NA) and Improved Subdivision (IS) to Improved Subdivision (IS) for the upland portions of properties located on North Bounty Lane in the Buccaneer Point Subdivision, Section 31, Township 61S, Range 39E, Monroe County, Florida, having the real estate identification numbers 00496131.008700, 00496131.008800, 00496131.008900 and 00496131.009000; and WHEREAS, the Planning Commission examined the following information: 1. The application from James Dougherty, Jr. to change the Land Use District (zoning) map for the upland portions of the properties from Native Area (NA) and Improved Subdivision (IS) to Improved Subdivision (IS); and 2. The staff report prepared by Pat Small, Planner and Niko Reisinger, Upper Keys Biologist, dated September 27, 2000; and WHEREAS, the Planning Commission made the following Findings of Fact: 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed factors. File # M20003 Page 1 of 4 ~tiJ~ \\gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\PaResolution P64-00 MAP.doc 3. This map amendment has been initiated by the property owner to address factor six (vi), data updates. The applicant listed the following reason for requesting a rezoning of the subject properties: The upland area currently zoned Native Area has been filled and is now disturbed. Therefore, the site conditions have changed. 4. The Planning and Environmental Resources Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by the County Biologist revealed a disturbed, scarified upland site. 5. The subject properties currently have the mapping category Native Area (NA) and Improved Subdivision (IS), which because of the unique fill pad zoning coverage on the subject properties, does not allow sufficient Improved Subdivision (IS) area for single family homes on each lot. 6. The purpose of the Native Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. 7. The purpose of the Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter, For the purpose of this section, improved lots are those which are served by a dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient uplands to accommodate the proposed use in accordance with the required setbacks. 8. Though zoned Native Area (NA) and Improved Subdivision (IS), the Buccaneer Point Subdivision is a residential neighborhood, with the majority of the lots developed and the remainder vacant. 9. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate zoning map categorffor the upland portion ofthe subject properties. 10. Section 9.5-511 prohibits any amendments that would negatively impact community character. 11. Changing the zoning map will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. 12. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. File # M20003 Page 2 of 4 \\gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\PC\Resolution P64-00 MAP.doc 13. 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. 14. Goal 102 of the 2010 Plan states'that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 15. The proposed zoning map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated; and WHEREAS, the Planning Commission made the following Conclusions of Law: 1. This map amendment meets the criteria outlined in Section 9.5-511(d)(5)b.(vi) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Buccaneer Point neighborhood. 2. The proposed zoning map amendment meets Objective 101.8 in that it provides a mechanism for the upland portions of the subject properties to come into conformance. 3. The proposed zoning 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 zoning map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, and will facilitate infill in an already developed neighborhood; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board of County Commissioners, of the request filed by the applicant to change the zoning map from Native Area (NA) and Improved Subdivision (IS) to Improved Subdivision (IS) for the upland portions of the properties located on North Bounty Lane in the Buccaneer Point Subdivision, Section 31, Township 61S, Range 39E, Monroe County, Florida, having the real estate identification numbers 00496131.008700, 00496131.008800, 00496131.008900 and 00496131.009000. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 27th of September, 2000. File # M20003 Page 3 of 4 \\grnd0059\pub$\Planning\Map Amendments\M20002 Dougherty\PC\Resolution P64-00 MAP. doc Signed this lto 4ay of Chair Mapes YES Vice Chair Stuart YES Commissioner Hill YES Commissioner Marr YES Commissioner erling YES ~MMISSION OF ONROE COUNTY BY , 2000. APPROVED AS TO FORM AND LEG SUFFICIENCY /, BY File # M20003 Initials Page 4 of 4 \\gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\PaResolution PM-OO MAP .doc DRC RESOLUTION NO. Dl4-00 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROV AL TO THE MONROE COUNTY PLANNING COMMISSION OF THE REQUEST BY JAMES DOUGHERTY TO AMEND THE FUTURE LAND USE MAP FROM RESIDENTIAL CONSERVATION (RC) AND RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL MEDIUM (RM) FOR THE UPLAND PORTIONS OF THE PROPERTIES DESCRIBED AS LOTS 43, 44, 45, AND 46, BUCCANEER POINT SUBDNISION, KEY LARGO, LOCATED IN SECTION 31, TOWNSHIP 61S, RANGE 39E, AT APPROXIMATELY MILE MARKER 98.5. WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on September 14,2000, conducted a review and consideration of the request filed by the applicant to amend the Future Land Use Map from Residential Conservation (RC) and Residential Medium (RM) to Residential Medium (RM) for the upland portions of the properties located on North Bounty Lane in Buccaneer Point Subdivision, Section 31, Township 61S, Range39E, Monroe County, Florida, having the real estate identification numbers 00496131.008700,00496131.008800,00496131.008900 and 00496131.009000; and WHEREAS, the Development Review Committee examined the following information: 1. The application from James Dougherty, Jr. to change the Future Land Use Map from Residential Conservation (RC) and Residential Medium (RM) to Residential Medium (RM) for the upland areas of the subject properties; and 2. The staff report prepared by Pat Small, Planner and Niko Reisinger, Upper Keys Biologist, dated September 13,2000; and WHEREAS, the Development Review Committee made the following Findings of Fact: ~ 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. 2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes based on one of six listed factors. Map File #20003 Page I of 4 Initials ~ W:\Planning\Map Amendments\M20002 Dougherty\DRaResolution D14-00 FLUM.doc 3. This map amendment has been initiated by the property owner to address factor six (vi), data updates. The applicant listed the following reason for requesting a rezoning of the subject properties: The upland area currently zoned Native Area has been filled and is now disturbed, therefore, the site conditions have changed. 4. The Planning Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by the County Biologist revealed a disturbed, scarified upland site. 5. During the Monroe County Year 2010 Comprehensive Plan process, the Future Land Use Map categories Residential Conservation (RC) and Residential Medium (RM) were applied to the subject properties, following the existing zoning. 6. The subject properties currently have the Future Land Use Map category Residential Conservation (RC) and Residential Medium (RM) on the upland portions of the properties. 7. There has been one re-zoning of the subject properties since the Pattison maps were adopted in 1986. These maps went to public hearings between 1986 and 1988 to identify errors brought forward by property owners. As a result, a boundary change was approved by the Board of County Commissioners on June 5, 1989. The result of the approval is the current zoning boundary on the subject properties based on the "fill pads." 8. Policy 101.4.1 states that the purpose of the Residential Conservation (RC) land use category is to encourage the preservation of open space and natural areas while providing for very low- density residential development permitted in areas characterized by a predominance of undisturbed native vegetation. Development of vacant land within this land use category is based on permitted densities resulting from habitat analysis required under Monroe County Land Development Regulations. 9. Policy 101.4.3 states that the purpose of the 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. 10. The Buccaneer Point Subdivision is a residential neighborhood, with the majority of lots developed. - 11. Therefore, the Residential Medhlm (RM) Future Land Use category is the most appropriate land use category for the upland portions of the subject properties. 12. Section 9.5-511 prohibits any amendments to the text that would negatively impact community character. Map File #20003 Page 2 of4 Initials ~ \\gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\DRC\Resolution Dl4-00 FLUM.doc 13. Changing the Future Land Use Map category will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. 14. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 15. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater indicates that there are no significant concerns regarding impacts on public facilities. 16. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 17. The proposed map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated; and WHEREAS, the Development Review Committee made the following Conclusions of Law: 1. This map amendment meets the criteria outlined in Section 9.5-511(d)(5)b(vi) and the requirements of Section 9.5-218 ofthe Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Buccaneer Point Subdivision. 2. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010 Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and wastewater. There are no significant concerns regarding impacts on public facilities. 3. The proposed map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment and will facilitate infill in an already developed neighborhood; NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF IViONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Cummission, the request filed by the applicant to change the Future Land Use Map from Residential Conservation (RC) and Residential Medium (RM) to Residential Medium (RM) for the upland areas of the properties located on North Bounty Lane, Buccaneer Point Subdivision, Section 31, Map File #20003 Page 3 of 4 Initials '1 L- \\gmd0059\pubS\Planning\Map Amendments\M20002 Dougherty\DRC\Resolution D 14-00 FLUM.doc Township 61S, Range 39E, Monroe County, Florida, having the real estate identification numbers 00496131.008700,00496131.008800,00496131.008900 and 00496131.009000. PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular meeting held on the 14th of September, 2000. Edward Koconis, AICP, DRC Chair Pat Small, Planner Ralph Gouldy, Senior Administrator, Environmental Resources Department of Public Works Department of Engineering Department of Health YES YES YES YES YES ABSENT DEVELOPMENT RE!W ~MMrr~EE OF MONROE COUNTY BY t~l)OA r~ Edward Koconis, AICP, DRC Chair Signed this"2.Dnday of ~ptp..fVIbQr , 2000. Map File #20003 Page 4 of 4 Initials -.i.L. \\gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\DRC\Resolution D 14-00 PLUM.doc DRC RESOLUTION NO. D15-00 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST BY JAMES DOUGHERTY, JR. TO AMEND THE LAND USE DISTRICT (ZONING) MAP FROM NATIVE AREA (NA) AND IMPROVED SUBDIVISION (IS) TO IMPROVED SUBDMSION (IS) FOR THE UPLAND PORTIONS OF PROPERTIES DESCRIBED AS LOTS 43,44, 45, AND 46, BUCCANEER POINT, KEY LARGO, LOCATED IN SECTION 31, TOWNSHIP 61S, RANGE 39E, AT APPROXIMATELY MILE MARKER 98.5 WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on September 14, 2000, conducted a review and consideration of the request filed by the applicant to amend the zoning map from Native Area (NA) and Improved Subdivision (IS) to Improved Subdivision (IS) for the upland portions of properties located on North Bounty Lane in the Buccaneer Point Subdivision, Section 31, Township 61S, Range 39E, Monroe County, Florida, having the real estate identification numbers 00496131.008700, 00496131.008800,00496131.008900 and 00496131.009000; and WHEREAS, the Development Review Committee examined the following information: 1. The application from James Dougherty, Jr. to change the Land Use District (zoning) map for the upland portions of the properties from Native Area (NA) and Improved Subdivision (IS) to Improved Subdivision (IS); and 2. The staff report prepared by Pat Small, Planner and Niko Reisinger, Upper Keys Biologist, dated September 13, 2000; and WHEREAS, the Development Review Committee made the following Findings of Fact: 1. Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the Land Development Regulations and the Future Land Use Map. File # M20003 Page 1 of 4 Initials k \ \gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\DRC\Resolution D 15-00 MAP .doc 2. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of County Commissioners to consider adopting an ordinance to enact map changes under six listed factors. 3. This map amendment has been initiated by the property owner to address factor six (vi), data updates. The applicant listed the following reason for requesting a rezoning of the subject properties: The upland area currently zoned Native Area has been filled and is now disturbed. Therefore, the site conditions have changed. 4. The Planning and Environmental Resources Department's review of this map amendment indicates that the detail item raised by the applicant is accurate. A site visit by the County Biologist revealed a disturbed, scarified upland site. 5. The subject properties currently have the mapping category Native Area (NA) and Improved Subdivision (IS), which because of the unique fill pad zoning coverage on the subject properties, does not allow sufficient Improved Subdivision (IS) area for single family homes on each lot. 6. The purpose of the Native Area (NA) zoning district is to establish areas that are undisturbed with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. 7. The purpose ofthe Improved Subdivision (IS) zoning district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this chapter, For the purpose of this section, improved lots are those which are served by a dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys Aqueduct Authority approved potable water supply, and that have sufficient uplands to accommodate the proposed use in accordance with the required setbacks. 8. Though zoned Native Area (NA) and Improved Subdivision (IS), the Buccaneer Point Subdivision is a r~sidential neighborhood, with the majority of the lots developed and the remainder vacant. 9. Therefore, the Improved Subdivision (IS) zoning map category is the most appropriate zoning map category for the upland portion of the subject properties. 10. Section 9.5-511 prohibits any amendments that would negatively impact community character. 11. Changing the zoning map will encourage more efficient use of these properties than is currently permitted, in keeping with the character of existing adjacent land uses. File # M20003 Page 2 of 4 Initials K \ \gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\DRC\Resolution D 15-00 MAP .doc 12. Objective 101.11 states that Monroe County shall ensure that at the time a development permit is issued, adequate public facilities are available to serve the development at the adopted level of service standards concurrent with the impacts of such development. 13. The 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. 14. Goal 102 of the 2010 Plan states that Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. 15. The proposed zoning map amendment supports Goal 102 as the habitat of the subject properties was found to be already disturbed, therefore no negative impacts on the natural resources of the subject properties are anticipated; and WHEREAS, the Development Review Committee made the following Conclusions of Law: 1. This map amendment meets the criteria outlined in Section 9.5-511(d)(5)b.(vi) and the requirements of Section 9.5-218 of the Monroe County Land Development Regulations and will not negatively impact or alter the character of the subject properties or of the Buccaneer Point neighborhood. 2. The proposed zoning map amendment meets Objective 101.8 in that it provides a mechanism for the upland portions of the subject properties to come into conformance. 3. The proposed zoning map amendment supports Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan based on the fmdings 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 zoning map amendment supports and is consistent with Goal 102 of the Monroe County Year 2010 Comprehensive Plan as it will not have any significant impacts on the natural environment, and will facilitate infill in an already developed neighborhood; NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission, of the request filed by the applicant to change the zoning map from Native Area (NA) and Improved Subdivision (IS) to Improved Subdivision (IS) for the upland portions of the properties located on North Bounty Lane in the Buccaneer Point Subdivision, Section 31, Township 618, Range 39E, Monroe County, Florida, having the real estate File # M20003 Page 3 of4 Initials it:: ',\gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\DRC\Resolution D 15-00 MAP .doc identification numbers 00496131.008700, 00496131.008800, 00496131.008900 and 00496131.009000. PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular meeting held on the 14th of September, 2000. Edward Koconis, AICP, DRC Chair Pat Small, Planner Ralph Gouldy, Senior Environmental Resources Planner Department of Public Works Department of Engineering Department of Health YES YES YES YES YES ABSENT DEVELOPMENT REVIEW~OMMIllEE OF MONROE COUNTY BY f))u~ (~ Edward Koconis, AI , DRC Chair Signed this LO~day of 5f>pfernOer , 2000. t File # M20003 Page 4 of 4 Initials ..i..L \\gmd0059\pub$\Planning\Map Amendments\M20002 Dougherty\DRC\Resolution D 15-00 MAP .doc