Item D5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20.2001
Division: Growth Management
Bulk Item: Yes
No ---X-
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 proposed by the Monroe County Planning Department.
These Amendments will change the Future Land Use designation from Recreation (R) to Residential
Medium (RM) and change the zoning from Park and Refuge (PR) to Improved Subdivision (IS) for the
property described as part of Tract A, Harbor Course Section 4, Ocean Reef Plat 13, Key Largo,
located in Section 13, Township 59 South, Range 40 East, located within the Ocean Reef Club at the
northern terminus of County Highway 905, having the real estate identification number 00573670-
005903.
ITEM BACKGROUND: The first public hearing or "transmittal" hearing was held on May 16,2001.
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
DOCUMENTATION:
Included
. sk Management N/ A
APPROVED BY: County Atty ---X-
DIVISION DIRECTOR APPROVAL:
x
To Follow
DISPOSITION:
AGENDA ITEM #^--7 <ZJ~
Revised 2/27/01
-\~~
Leonard Lovallo
Harbor Course Section Four,
Ocean Reef Plat No. 13
Future Land Use Amendment &
Land Use District (Zoning) Map
Amendment
Board of County Commissioners
Marathon Government Center
December 20,2001
Proposed Future Land Use Map Amendment
Recreation (R)
To
Residential Medium (RM)
&
Proposed Land Use District (Zoning) Amendment
Park and Refuge (PR)
To
Improved Subdivision (IS)
This map amendment is for changing the Future Land Use Map designation from
Recreation (R) to Residential Medium and the zoning form Park and Refure (PR) to
Improved Subdivision (IS) for property locaed adjacent to South Bridge Road and
described as Part of Tract A, Harbor Course Section 4, Ocean Reef Plat No. 13,
Section 13, Township 59 South, Range 40 East on North Key Largo, Monroe
County, located within the Ocean Reef Club at the northern terminus of County
Highway 905.
Future Land Use Map Recommendations
Staff: Approval March 30,2001 Staff Report
DRC: Approv8.1 April 5, 2001 Resolution #D08-0 1
PC: Approval April 25, 2001 Resolution #P25-01
BOCC: Approval May 16, 2001 Resolution #203-2001
Land Use District (Zoning) Recommendations
Staff: Approval March 30, 2001 Staff Report
DRC: Approval April 5, 2001 Resolution #D09-0 1
PC: Approval April 25, 2001 Resolution #P26-0 1
BOCC: Approval May 16,2001 Resolution #203-2001
FLUM Ordinance
&
Map Exhibit 1
ORDINANCE NO. -2001
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY LEONARD LOVALLO TO AMEND THE FUTURE LAND
USE MAP FROM RECREATION (R) TO RESIDENTIAL
MEDIUM (RM) FOR PROPERTY DESCRIBED AS PART OF
TRACT A, HARBOR COURSE SECTION FOUR, OCEAN
REEF PLAT NO. 13, KEY LARGO, LOCATED IN SECTION
13, TOWNSHIP 59 SOUTH, RANGE 40 EAST, LOCATED
WITHIN THE OCEAN REEF CLUB AT THE NORTHERN
TERMINUS OF COUNTY HIGHWAY 905
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on May 16, 2001, conducted a review and consideration of the request filed by
Leonard Lovallo to amend the Future Land Use Map from Recreation (R) to Residential Medium
(RM) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor
Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East,
Monroe County, Florida, having the real estate identification number 00573670.005903; and
WHEREAS, the Development Review Committee, Planning Commission, and
staff report all recommended approval of this future land use map amendment from R to
RM as indicated in Resolutions D08-0 1 and P25-0 1; and
WHEREAS, the Planning Commission held a public hearing on April 25, 2001
and recommends approval of the request; and
WHEREAS, the Board of County Commissioners made the following Findings of Fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County
Code. The applicant's agent initiated the application in order to rezone the subject property to a
land use district that allows for the construction of a single family home on the proposed
combined parcel.
3. The pre-1986 zoning onhe subject property was RU-l, Single-Family Residential.
4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was
changed to Sparsely Settled (SS).
File #M01153
Page 1 of 4
Initials
C:\WINNT\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\Lovallo\Bocc\Bocc FLUM Ordinance. doc
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took
effect January 4, 1996, followed the land use district boundary and adopted a future land use
category of Residential Low (RL).
6. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
the Residential Low (RL) Future Land Use category is to provide for low-density residential
development in partially developed areas with substantial native vegetation. Low intensity
public and low intensity institutional uses are also allowed.
7. On June 23, 2000, a Future Land Use Map change became effective for the subject property.
The future land use category was changed to Recreation (R).
8. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal
purpose of the Recreation land use category is to provide for public and private activity-based
and resource-based recreational facilities.
9. On November 10, 2000, a Land Use District Map change became effective for the subject
property. The land use district was changed to Park and Refuge (PR). This change
corresponded to the future land use category of Recreation (R).
10. According to the Monroe County Code, there was no setback required to a freshwater wetland
prior to the adoption of the Year 2010 Comprehensive Plan.
11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on
January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open
space buffer for development adjacent to wetlands. This created a situation where Lot 1, as
currently configured, does not have sufficient area available to construct a single-family house
and meet the County wetland setback and open space requirements.
12. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
13. The residential neighborhood in which the subject property is located is designed around the
Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the
only residential land use district in the area.
14. The Residential Medium (RM) Future Land Use category corresponds with the Improved
Subdivision (IS) land use category and therefore is the most appropriate land use category for
the subject property.
15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is
issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
File #M01153
Page 2 of 4
Initials
c:\ WINN1\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\Lovallo\Bocc\Bocc FLUM Ordinance. doc
16. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
18. The proposed map amendment supports Goal 102. The County Biologist is confident that
construction of a single-family home on Lot 1 and the subject property can adequately protect
the wetland on the property. In addition, the fact that the property is surrounded on three sides
by development or land designated for development and is essentially an isolated finger of
hammock makes acquisition by the government an unappealing option. Protection of the
wetland is possible through private ownership of the parcel.
19. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical
or minor changes to a previously approved or recorded plat; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the
requirements of Section 9.5-213 of the Monroe County Land Development Regulations.
2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur,
the County Biologist believes that adequate surface water management will protect the integrity
and function of the wetland area. In addition, because the property is surrounded on three sides
by development and is essentially an isolated finger of hammock, acquisition by the government
is not a preferred option. Protection of the wetland is possible through private ownership of the
parcel; NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions of law stated
above.
Section 2. The previously described properties, which are currently designated Recreation (R)
shall be designated Residential Medium (RM) as shown on the attached map, which is hereby
incorporated by reference and attached as Exhibit 1.
File #MOII53
Page 3 of4
Initials
C:\WINNTlProfiles\thomson-julie\Desktop\Agenda Item Summary Pages\Lovallo\Bocc\Bocc FLUM Ordinance. doc
Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan
shall be amended as delineated in Section 2 above.
Section 4. If any section, subsection, sentence, clause, item, change or provIsIon of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6. This ordinance is hereby transmitted to the state land planning agency for review
and comment pursuant to Chapter 163, Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission finding the amendment in compliance with Chapter 163,
Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , A.D., 2001.
Mayor 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 #MO 1153
Page 4 of 4
Initials
C:\WINNT\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\Lovallo\Bocc\Bocc FLUM Ordinance.doc
,Exhi:lit 1
...
'RL
'.
@u~ ~:~ ·
B.Cl rV\.tS
Soull\d
AtLCl ltItl,c
OceCl VI..
. RtoRM
The Monroe County Year 2010 Comprehensive Plan Future N
land Use Map is proposed to be amended as indicated above
and briefly described as: ChanQe aoortion ofTract"A"ofHarborCourse, Sec.4,
Ocean Reef Plat #13, RE# 573670.005903, Key Laruo, Florida, from Recreational (R)) to Residential
Medium (RM)
Date: 4/5/01
Amendment#: 01153
Sheet #: 1
Rezoning Ordinance
&
Map Exhibit 1
ORDINANCE NO. -2001
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
LEONARD LOV ALLO TO AMEND THE LAND USE DISTRICT
(ZONING) MAP FROM PARK AND REFUGE (PR) TO IMPROVED
SUBDIVISION (IS) FOR PROPERTY DESCRIBED AS PART OF
TRACT A, HARBOR COURSE SECTION FOUR, OCEAN REEF
PLAT NO. 13, KEY LARGO, LOCATED IN SECTION 13,
TOWNSHIP 59 SOUTH, RANGE 40 EAST, LOCATED WITHIN
THE OCEAN REEF CLUB AT THE NORTHERN TERMINUS OF
COUNTY HIGHWAY 905.
WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting held
on May 16,2001, conducted a review and consideration of the request filed by Leonard Lovallo to amend
the Land Use District (Zoning) Map from Park and Refuge (PR) to Improved Subdivision (IS) for
property located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section
Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida,
having the real estate identification number 00573670.005903; and
WHEREAS, the Development Review Committee, Planning Commission, and staff
report all recommended approval of this land use district (zoning) map amendment from PR to
IS as indicated in Resolutions D09-01 and P26-01; and
WHEREAS, the Planning Commission held a public hearing on April 25, 2001 and
recommends approval of the request; and
WHEREAS, the Board of County Commissioners made the following Findings of Fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County Code.
The applicant's agent initiated the application in order to rezone the subject property to a land use
district that allows for the construction of a single family home on the proposed combined parcel.
3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential.
4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was
changed to Sparsely Settled (SS).
5. Section 9.5-209 of the Land Development Regulations states that the purpose of the Sparsely Settled
(SS) land use district is to establish areas of low-density residential development where the
predominant character is native or open space lands.
File #M01153
Page 1 of 4
Initials
C: \ WINNT\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\LovaIlo\Bocc\Bocc MAP Ordinance.doc
6. On November 10, 2000, a Land Use District Map change became effective for the subject property.
The land use district was changed to Park and Refuge (PR).
7. Section 9.5-224 of the Land Development Regulations states that the purpose of the Park and Refuge
(PR) land use district is to establish and protect areas as parks, recreational areas and wildlife refuges.
8. According to the Monroe County Code, there was no setback required to a freshwater wetland prior to
the adoption of the Year 2010 Comprehensive Plan.
9. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on
January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open space
buffer for development adjacent to wetlands. This created a situation where Lot 1, as currently
configured, does not have sufficient area available to construct a reasonably-sized single family house
in character with the neighborhood that will meet the County wetland setback and open space
requirements.
10. Section 9.5-511 prohibits any map amendments that would negatively impact community character
11. The residential neighborhood in which the subject property is located is designed around the Harbor
Course golf course and is residential in character, with Improved Subdivision (IS) the only
residential land use district in the area.
12. Section 9.5-213 of the Land Development Regulations states that the purpose of the Improved
Subdivision (IS) district is to accommodate the legally vested residential rights of the owners of lots in
subdivisions that were lawfully established and improved prior to the adoption of this chapter. For the
purpose of this section, improved lots are those which are served by a dedicated and accepted existing
road of porous or nonporous material, that have a Florida Keys Aqueduct Authority approved potable
water supply, and that have sufficient uplands to accommodate the proposed use in accordance with
the required setbacks. This district is not intended to be used for new land use districts of this
classification within the county.
13. Harbor Course Section Four, Ocean Reef Plat No. 13 is a legally vested residential subdivision. In
addition, the single-family homes near the subject property and the general residential character of the
surrounding neighborhood are reflective of the purpose of the Improved Subdivision (IS) land use
district.
14. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached
dwellings of all types, and therefore is the most applicable zoning district, should construction be
permitted.
15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is
issued, adequate public facilities are available to serve the development at the adopted level of service
standards concurrent with the impacts of such development.
16. The 2000 Public Facilities Capacity Assessment Report and the listed programs on stormwater and
wastewater indicates that there are no significant concerns regarding impacts on public facilities.
File #M01153
Page 2 of 4
Initials
C:\WINNT\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\Lovallo\Bocc\Bocc MAP Ordinance.doc
17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future growth
to lands which are intrinsically most suitable for development and shall encourage conservation and
protection of environmentally sensitive lands.
18. The proposed map amendment supports Goal 102. The County Biologist is confident that
construction of a single-family home on Lot 1 and the subject property can adequately protect the
wetland on the property. In addition, the fact that the property is surrounded on three sides by
development or land designated for development and is essentially an isolated finger of hammock
makes acquisition by the government undesirable. Protection of the wetland is possible through
private ownership of the parcel.
19. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical or
minor changes to a previously approved or recorded plat; and
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the requirements
of Section 9.5-213 of the Monroe County Land Development Regulations.
2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment Report
and the listed programs on stormwater and wastewater. There are no significant concerns regarding
impacts on public facilities.
3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County Year
2010 Comprehensive Plan. Although some impacts to the natural environment will occur, the County
Biologist believes that adequate surface water management will protect the integrity and function of
the wetland area. In addition, because the property is surrounded on three sides by development and
is essentially an isolated finger of hammock, acquisition by the government is not a preferred option.
Protection of the wetland is possible through private ownership of the parcel; NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described properties, which are currently designated Park and Refuge (PR)
shall be designated Improved Subdivision (IS) as shown on the attached map, which is hereby
incorporated by reference and attached as Exhibit 1.
Section 3. The Land Use District (Zoning) Map shall be amcnded 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.
File #M01153
Page 3 of 4
Initials
C:\WINNT\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\Lovallo\Bocc\Bocc MAP Ordinance.doc
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of said conflict.
Section 6. This ordinance is hereby transmitted to the state land planning agency for review and
comment pursuant to Chapter 163, Florida Statutes.
Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida,
but shall not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission finding the amendment in compliance with Chapter 163, Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of , A.D., 2001.
Mayor 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
BY i
File #M01153
Page 4 of 4
Initials
C:\WINN1\Profiles\thomson-julie\Desktop\Agenda Item Summary Pages\Lovallo\Bocc\Bocc MAP Ordinance.doc
Exhibit 1
I PR
;
I
...---- 1
I
I . ,...., a
I .
...
.
.
sel
I
"
~ ,
.
PR
The Monroe County Land Use Map is proposed to be N
amended as indicated above and briefly described as: Chanqe
zoninQ from Park s & Refuoe (PR) to Improved Subdivision (IS) for a POrtion as depicted above of Tract
"A" of Harbor Course, Sec.4. Ocean Reef Plat #13. RE# 573670.005903. Key Laroo. Fbrida.
Date: 4151U1
Amendment #:
01153
Sheet #:
63
MEMORANDUM
TO: Board of County Commissioners
THROUGH: K. Marlene Conaway, Director of Planning
FROM:
Martin Schultz, Senior Planner
Ralph Gouldy, Biologist
RE:
Lovallo, Harbor Course Section Four
Future Land Use Map Amendment R to RM
Official Land Use District Map Amendment (Rezoning) PR to IS
File M01153
DATE:
April 23, 2001
MEETING DATE: May 16,2001
EXISTING FUTURE LAND USE DESIGNATION: Recreation (R)
PROPOSED FUTURE LAND USE DESIGNATION: Residential Medium (RM)
EXISTING ZONING DESIGNATION: Parks and Refuge (PR)
PROPOSED ZONING DESIGNATIONS: Improved Subdivision (IS)
PROPERTY OWNER: Leonard Lovallo
AGENT: Hershoff, Lupino, and Mulick, LLC
PROPERTY INFORMATION
Key:
Key Largo
Size:
0.1754 acres
Mile Marker:
within the Ocean Reef Club, Northern Terminus of County Highway 905
Lovallo
Land Use District and Future Land Use Map Amendment
File #M01153
Location Detail & Brief Description:
The subject property is located within the Ocean Reef Club and is adjacent to the 4th hole of Harbor
Course. The property is accessible from South Bridge Lane by vehicle or from Harbor Course on foot.
The property lies between a residential lot also owned by the applicant and the golf course. The subject
property is legally described as a portion of Tract A, Harbor Course Section 4, Ocean Reef Plat No. 13,
with the real estate number 00573670.005903.
Existing and Proposed Use:
The subject property is currently vacant. The applicant owns both the subject property and Lot 1,
Block 3, Harbor Course Section 4, Ocean Reef Plat No. 13, which is adjacent to the subject
property. Lot 1 is currently zoned Improved Subdivision (IS) and is also vacant. The applicant is
requesting the zoning of the subject property be changed to IS so he has additional buildable area in
which to construct a single-family house. According to the application, changes in County wetland
setbacks and Ocean Reef building regulations have rendered Lot 1 unbuildable on its own and
therefore it is necessary to rezone the subject property in order to gain additional lands on which a
single- family home would be a permitted use.
Existing Habitat:
Harbor Course Section Four, Ocean Reef Plat No. 13 is a platted subdivision that is serviced by
public utilities. The subject property likely consists of a moderate quality hardwood hammock. Lot
I, which is adjacent to the subject property, contains a "red flag" freshwater wetland. This wetland
determination was reviewed by a site visit on August 28, 2000, by County Biologists Jeanette
Hobbs and Ralph Gouldy. They determined the northern edge of the wetland to be 25 to 30 feet
closer to the northern property boundary line than previously flagged. The upland portion of the
property consists of moderate quality hardwood hammock, which also extends through the subject
property. The subject property falls within the AE-8' flood zone per FIRM panel 0666H, effective
date December 20, 2000.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The Monroe County 1985 aerial existing conditions maps, sheet 330, shows the area as tropical
hardwood hammock (426).
Neighboring Land Uses and Character:
This area near the subject property is predominantly residential in character. Along with the golf
course, the only non-residential use nearby is the Spa and Fitness Center nearby on South Harbor
Drive. There is a mixture of developed and undeveloped residential lots in the area.
Lovallo
Land Use District and Future Land Use Map Amendment
File #M01153
2
ZONING AND LAND USE HISTORY
Pre-1986 Zoning:
The pre-1986 zoning for the subject property was RU-l, Single-Family Residential District (Section
19-194). This zoning applied to a large area that included what is now the Harbor Course Golf
Course and the residential subdivisions in the area. The RU-l district was intended to provide
residential areas consisting oflots having an area of at least eight thousand (8,000) square feet.
Considerations During the 1986 Comprehensive Plan Process:
During the 1986 Comprehensive Plan process, the subject property was zoned Sparsely Settled
(SS). Prior to the 1986 rezoning, the golf course was zoned RU-l. Since a golf course did not meet
the goals of a single-family residential district, the areas that were considered part of the golf course
were changed to SS. In an SS zone, parks are minor conditional uses.
Considerations During the Year 2010 Comprehensive Plan Process:
During the Year 2010 Comprehensive Plan process, the Future Land Use category Residential Low
(RL) was applied to the subject property. This designation corresponded to the zoning designation
of Sparsely Settled (SS).
Map Changes or Boundary Considerations Since 1986:
In 1993, the subject property was deeded to the former owner of Lot 1. The property then consisted
of two separate land use districts. Lot 1 was an IS lot, while the subject property continued on with
the SS land use district, which allows one dwelling unit per two acres.
On November 10, 2000, a Land Use District Map and Future Land Use Map change took effect for
all of Harbor Course and Dolphin Course, which includes the subject property. The zoning was
changed to Park and Refuge (PR) while the FLUM designation was changed to Recreation (R). The
PR land use district does not aUow single-family dwellings. Staff determined that SS, which is
essentially a low-density residential designation, was not appropriate. Since active and passive
recreational uses are as-of-right in the PR land use district, this designation fit the golf course better
than SS. In addition, the corresponding FLUM designation of Recreation clearly is in line with the
recreational purpose of a golf course.
ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b):
Changed Projections or Assumptions: None
Data Errors: None.
Lovallo
Land Use District and Future Land Use Map Amendment
File #MOl153
3
New Issues:
The former owner of Lot 1 purchased it in 1988. At that time, there was no setback for freshwater
wetlands. As mentioned above, the subject property was deeded to the former owner of Lot 1 in
1993. This afforded the owner the opportunity to construct a home on Lot 1 of the minimum size to
conform to Ocean Reef Club architectural standards and setbacks. On January 4 1996, however,
Policy 204.2.6 of the newly adopted Year 2010 Comprehensive Plan went into effect. This policy
required vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for
development adjacent to wetlands. This essentially made the lot unbuildable according to County
and Ocean Reef standards. The rezoning of the subject parcel would give the applicant additional
lands in order to apply to build a single-family home on the combined parcel.
Recognition of a Need for Additional Detail or Comprehensiveness: None
Data Updates: None
IMP ACT AND POLICY ANALYSIS
Comparison of Development Potential for the Current and Proposed Land Uses:
1. Current Land Development Regulations (LDRs)
Section 9.5-224 states that the purpose of the Parks and Refuge (PR) land use district is to
establish and protect areas as parks, recreational areas, and wildlife refuges.
Allowable uses in the Parks and Refuge land use district pursuant to Section 9.5-253, pertinent to
the text amendment include:
Uses permitted as of right include:
. Active and passive recreational uses
. Public buildings and uses
. Marinas
Uses permitted as minor conditional uses include:
. Campgrounds
. Hotels of fewer than twelve (12) rooms
Uses permitted as major conditional uses include:
. Stealth wireless communication facilities
The Future Land Use Category that corresponds to the Parks and Refuge land use district is
Recreation (R). Policy 101.4.9 of the Year 2010 Comprehensive Plan states that the principal
Lovallo
Land Use District and Future Land Use Map Amendment
File #M01153
4
purpose of the Recreation land use category is to provide for public and private activity-based and
resource-based recreational facilities.
2. Potential Land Uses With Proposed Map Amendment
Section 9.5-213 states that the purpose of the Improved Subdivision (IS) district is to accommodate
the legally vested residential development rights of the owners of lots in subdivisions that were
lawfully established and improved prior to the adoption of this chapter. For the purpose of this
section, improved lots are those which are served by a dedicated and accepted existing road of
porous or nonporous material, that have a Florida Keys Aqueduct Authority approved potable water
supply, and that have sufficient uplands to accommodate the proposed use in accordance with the
required setbacks. This district is not intended to be used for new land use districts of this
classification within the County.
Allowable uses in the Improved Subdivision (IS) land use district pursuant to Section 9.5-242,
pertinent to the text amendment include:
Uses permitted as olright include:
· Detached dwellings of all types
. Home occupations, with a special use permit
. Accessory Uses
. Vacation rentals, if the homeowner's or property owner's association expressly regulates or
manages vacation rental uses
Uses permitted as minor conditional uses include:
. Parks and community parks
. Public parks
. Schools
Uses permitted as major conditional uses include:
. Commercial retail of low- and medium-intensity and office uses or any combination thereof of
less than twenty-five hundred (2,500) square feet of floor area.
The Future Land Use Category that corresponds with the Improved Subdivision (IS) land use
district is Residential Medium (RM). Policy 101.4.3 of the Year 2010 Comprehensive Plan states
that th~ principal purpose of the RM future land use category is to recognize those portions of
subdivisions that were lawfully established and improved prior to the adoption of this plan and to
define improved subdivisions as those lots served by a dedicated and accepted existing roadway,
have an approved potable water supply, and have sufficient uplands to accommodate the residential
uses. Development on vacant lands within this land use category shall be limited to one residential
dwelling unit for each such platted lot or parcel which existed at the time of plan adoption. Lands
within this land use category shall not be further subdivided.
Lovallo
Land Use District and Future Land Use Map Amendment
File #MOl153
5
Compatibility With Adjacent Land Uses and Effects on Community Character:
The Monroe County Land Development Regulations address this issue with Section 9.5-511 of the
LDRs. This prohibits any amendments that would negatively impact community character.
The proposed map amendment will not result in a conflict with the character of the surrounding
community based on the following findings:
Density and Intensity
The density is not affected by this map amendment. The applicant is pursuing a change in the
zoning of the subject property so the zoning is consistent with the zoning of Lot 1, Block 3, Harbor
Course Section 4, Ocean Reef Plat No. 13. When this subdivision was originally platted, one
dwelling unit was allocated for the each lot in the subdivision. This request from the applicant will
not exceed what is already allocated in the original plat.
Should this application be approved, the open space requirement will likely be 0.60, which is the
requirement for moderate-quality hammock. This ratio is in keeping with the community character
of the area, considering the likelihood that neighboring residential properties have the same type of
hammock and therefore the same open space requirements.
Use Compatibility
The rezoning of the subject property is to give the applicant additional lands zoned for single-family
dwellings. This will allow a compatible use considering that this area of Harbor Course is already a
residential neighborhood with existing homes.
Local Traffic and Parking
Roads are already in place to serve a subdivision with dwellings on every lot. The map amendment
will have no effect on local traffic or parking.
Effects on Natural Resources:
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
The County Biologist is confident that construction of a single-family home on Lot 1 and the
subject property can adequately protect the wetland on the property. In addition, the fact that the
property is surrounded on three sides by development or land designated for development and is
essentially an isolated finger of hammock makes acquisition by the government an unappealing
option. Protection of the wetland is possible through private ownership of the parcel.
Lovallo
Land Use District and Future Land Use Map Amendment
File #M01153
6
Effects on Public Facilities:
Objective 101.11 of the Year 2010 Comprehensive Plan requires the County to direct future growth
away from environmentally sensitive land and towards established development areas served by
existing public facilities. The proposed land use change supports Objective 101.11 based on the
following findings of the 2000 Public Facilities Capacity Assessment Report and the listed
programs on stormwater and wastewater.
Traffic Circulation
The Ocean Reef Club utilizes Card Sound Road in the event of a hurricane, and therefore does not
pose any impact to either hurricane evacuation times or level of service on US 1. In addition, there
is adequate circulation in the Harbor Course subdivision.
Solid Waste
The existing solid waste haul out contract will provide Monroe County with guaranteed capacity to
2006. The proposed land use change is not expected to have a significant effect on solid waste
generation or removal.
Potable Water
The Florida Keys Aqueduct Authority's existing consumptive use permit authorizes the withdrawal
of sufficient quantities to meet the demand anticipated for the remainder of 2001. The proposed
land use change is not anticipated to have a significant effect on potable water withdrawals.
Storm water
It is unlikely that a net increase in stormwater runoff could result from this land use change as
Section 9.5-293 of the Land Development Regulations requires that all developments retain
stormwater on site following Best Management Practices (BMP). Construction within the limited
c1eariag allowed in tropical hardwood hammocks usually does not result in upland runoff, since
trees remaining on site utilize the rainwater.
Also, pursuant to Policy 1001.1.1, all projects shall be designed so that the discharges will meet
Florida State Water Quality Standards Compliance review for these sections is determined by the
Environmental Resources Department and the Department of Health and occurs at the time a
development permit has been filed. In addition, Monroe County and the South Florida Water
Management District, acting in accordance with Governor Chiles' Executive Order No. 96-108,
have developed an agreement for the development of a Stormwater Management Master Plan.
In this regard, no negative effects from the proposal are anticipated.
Effects on Redevelopment/Infill Potential:
The proposed land use change will not have any effect on infill and redevelopment potential. Lot 1
was designed for residential development and the rezoning of the subject property will give the
Lovallo
Land Use District and Future Land Use Map Amendment 7
File #MOl153
applicant more lands in which to apply to for a building permit for a residential home and still allow
protection of the wetland on the property.
Action by the Development Review Committee:
At the April 5, 2001 meeting of the Development Review Committee, staff voted unanimously to
recommend approval to the Planning Commission of the zoning change from Park and Refuge (PR)
to Improved Subdivision (IS) and the FLUM change from Recreation (R) to Residential Medium
(RM).
FINDINGS OF FACT
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County
Code. The applicant's agent initiated the application in order to rezone the subject property to a
land use district that allows for the construction of a single family home on the subject property
and Lot 1.
3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential.
4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was
changed to Sparsely Settled (SS). The purpose of the SS land use district is to establish areas of
low-density residential development where the predominant character is native or open space
lands.
5. On November 10, 2000, a Land Use District Map change took effect for the subject property.
The land use district was changed to Park and Refuge (PR). The purpose of the PR land use
district is to establish and protect areas as parks, recreational areas and wildlife refuges.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took
effect January 4, 1996, followed the land use district boundary and adopted a future land use
category of Residential Low (RL).
7. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
the Residential Low (RL) Future Land Use category is to provide for low-density residential
development in partially developed areas with substantial native vegetation. Low intensity
public and low intensity institutional uses are also allowed.
8. On June 23, 2000, a Future Land Use Map change took effect for the subject property. The
future land use category was changed to Recreation (R).
9. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal
purpose of the Recreation land use category is to provide for public and private activity-based
and resource-based recreational facilities.
Lovallo
Land Use District and Future Land Use Map Amendment
File #M01153
8
10. According to the Monroe County Code, there was no setback required to a freshwater wetland
prior to the adoption of the Year 2010 Comprehensive Plan.
11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on
January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open
space buffer for development adjacent to wetlands.
12. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
13. The residential neighborhood in which the subject property is located is designed around the
Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the
only residential land use district in the area.
14. Section 9.5-213 of the Land Development Regulations states that the purpose of the Improved
Subdivision (IS) district is to accommodate the legally vested residential rights of the owners of
lots in subdivisions that were lawfully established and improved prior to the adoption of this
chapter. For the purpose of this section, improved lots are those which are served by a
dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys
Aqueduct Authority approved potable water supply, and that have sufficient uplands to
accommodate the proposed use in accordance with the required setbacks. This district is not
intended to be used for new land use districts of this classification within the county
15. Harbor Course Section Four, Ocean Reef Plat No. 13 is a legally vested residential subdivision.
In addition, the single-family homes near the subject property and the general residential
character of the surrounding neighborhood are reflective of the purpose of the Improved
Subdivision (IS) land use district.
16. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached
dwellings of all types, and therefore is the most applicable zoning district, should construction
be permitted.
17. The Residential Medium (RM) Future Land Use category corresponds with the Improved
Subdivision (IS) land use category and therefore is the most appropriate land use category for
the subject property.
18. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is
issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
19. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
storm water and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
Lovallo
Land Use District and Future Land Use Map Amendment
File #MOl153
9
20. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
21. The proposed map amendment supports Goal 102. The County Biologist is confident that
construction of a single-family home on Lot 1 and the subject property can adequately protect
the wetland on the property. In addition, the fact that the property is surrounded on three sides
by development or land designated for development and is essentially an isolated finger of
hammock makes acquisition by the government an unappealing option. Protection of the
wetland is possible through private ownership of the parcel.
22. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical
or minor changes to a previously approved or recorded plat.
CONCLUSIONS OF LAW
1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the
requirements of Section 9.5-213 of the Monroe County Land Development Regulations.
2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur,
the County Biologist believes that adequate surface water management will protect the integrity
and function of the wetland area. In addition, because the property is surrounded on three sides
by development and is essentially an isolated finger of hammock, acquisition by the government
is not a preferred option. Protection of the wetland is possible through private ownership of the
parcel.
RECOMMENDATION
Based on the Findings of Fact and Conclusions of Law, the Planning Commission recommends
APPROVAL to the Board of County Commissioners of the proposed Future Land Use Map
amendment from Recreation (R) to Residential Medium (RM) and the proposed Official Land Use
District (Zoning) Map amendment from Parks and Refuge (PR) to Improved Subdivision (IS).
Lovallo
Land Use District and Future Land Use Map Amendment
File #MOl153
10
RESOLUTION NO.203 -2001
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS OF
THE REQUEST BY LEONARD LOVALLO TO AMEND THE
FUTURE LAND USE MAP OF THE MONROE COUNTY
YEAR 2010 COMPREHENSIVE PLAN FROM RECREATION
(R) TO RESIDENTIAL MEDIUM (RM) FOR PROPERTY
DESCRIBED AS PART OF TRACT A, HARBOR COURSE
SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY LARGO,
LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH, RANGE
40 EAST, LOCATED WITHIN THE OCEAN REEF CLUB AT
THE NORTHERN TERMINUS OF COUNTY HIGHWAY 905,
HAVING THE REAL ESTATE IDENTIFICATION NUMBER
00573670.005903
WHEREAS, the Monroe County Board of County Commissioners held a public hearing
for the purposes of considering the transmittal to the Florida Department of Community Affairs
for review and comment of a proposed amendment to the Future Land Use Map of the Monroe
County Year 2010 Comprehensive Plan, changing the future land use designation of the property
described above; and
WHEREAS, the Planning Commission and the Monroe County Board of County
Commissioners support the requested future land use designation change;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF lViONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendations of the
Planning Commission pursuant to the draft ordinance for adoption of the proposed Future Land
Use Map amendment.
Section 2. The Board of County Commissioners does hereby transmit the proposed amendment
as part of the second (2nd) set of comprehensive plan amendments for 2001 to the Florida
Department of Community Affairs for review and comment in accordance with the provisions of
Chapter 163.3184, Florida Statutes; and
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in accordance with the
requirements of9J-l1.006 of the Florida Administrative Code; and
Page 1 of2
Initials
C:\TEMP\Transmi2.doc
Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County. Commissioners of Monroe County,
Florida, at a regular meeting held on the 16tlQf May , 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
yes
not present
YQII
not pre~nt
yes
A~:n OF COUNTY COMMISSIONERS
~O~~UN~A d
Mayor Neugent ~
-
BY
:It:
Co.
\0
I
::z:
:::>
-,
W ~J
,-;: -.j
<: J....
:::r:. ->
....JC,,)~
o .~
==~5
.wo
-.: .u
_Xw
:=....Jo
zUg;
<: -
a 0
L
inl" Copy is a True .C..,
u, <lj",cd on File in t~. .
. . ;"~nd and Offici;".
...:.u ~
T!1!" ~
0,
0:::
o
'->
LLJ
c:::
C!::
o
U-
a
w
-l
C)
, .:r
,-
, '..:r
u...
o
j~
'27
-I
.\ 0 ')0 ..-
. . ~ANN''''_(!''/J:~c:.E If
//~ rCle~]L'~
~----_.;./
'/ D.C.
Page 2 of2
Initials
C:\TEMP\Transmi2.doc
PLANNING COMMISSION RESOLUTIONS
P25-01 AND P26-01
PC RESOLUTION NO. P25-01
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE
BOARD OF COUNTY COMMISSIONERS OF THE REQUEST
BY LEONARD LOV ALLO TO AMEND THE FUTURE LAND
USE MAP FROM RECREATION (R) TO RESIDENTIAL
MEDIUM (RM) FOR PROPERTY DESCRIBED AS PART OF
TRACT A, HARBOR COURSE SECTION FOUR, OCEAN
REEF PLAT NO. 13, KEY LARGO, LOCATED IN SECTION
13, TOWNSHIP 59 SOUTH, RANGE 40 EAST, LOCATED
WITHIN THE OCEAN REEF CLUB AT THE NORTHERN
TERMINUS OF COUNTY HIGHWAY 905
WHEREAS, the Monroe County Planning Commission, during a regular meeting held on
April 25, 2001, conducted a review and consideration of the request filed by Leonard Lovallo to
amend the Future Land Use Map from Recreation (R) to Residential Medium (RM) for property
located adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section
Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County,
Florida, having the real estate identification number 00573670.005903; and
WHEREAS, the Planning Commission examined the following information:
1. The application from the applicant to change the Future Land Use Map from
Recreation (R) to Residential Medium (RM); and
2. The staff report prepared by Martin Schultz, Senior Planner and Ralph Gouldy, Senior
Administrator-Environmental Resources, dated April 9, 2001; and
WHEREAS, the Planning Commission made the followin~ Findings of Fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County
Code. The applicant's agent initiated the application in order to rezone the subject property to a
land use district that allows for the construction of a single family home on the proposed
combined parcel.
3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential.
FH,"MOI153 Page 1 0[4 1n;ti'I'~
W: \Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC FLUM Resolution.doc
4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was
changed to Sparsely Settled (SS).
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took
effect January 4, 1996, followed the land use district boundary and adopted a future land use
category of Residential Low (RL).
6. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
the Residential Low (RL) Future Land Use category is to provide for low-density residential
development in partially developed areas with substantial native vegetation. Low intensity
public and low intensity institutional uses are also allowed.
7. On June 23, 2000, a Future Land Use Map change became effective for the subject property.
The future land use category was changed to Recreation (R).
8. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal
purpose of the Recreation land use category is to provide for public and private activity-based
and resource-based recreational facilities.
9. On November 10, 2000, a Land Use District Map change became effective for the subject
property. The land use district was changed to Park and Refuge (PR). This change
corresponded to the future land use category of Recreation (R).
10. According to the Monroe County Code, there was no setback required to a freshwater wetland
prior to the adoption of the Year 2010 Comprehensive Plan.
11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on
January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open
space buffer for development adjacent to wetlands. This created a situation where Lot 1, as
currently configured, does not have sufficient area available to construct a reasonably-sized
single-family house in character with the neighborhood that will meet the County wetland
setback and open space requirements.
12. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
13. The residential neighborhood in which the subject property is located is designed around the
Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the
only residential land use district in the area.
14. The Residential Medium (RM) Future Land Use category corresponds with the Improved
Subdivision (IS) land use category and therefore is the most appropriate land use category for
the subject property.
FiI, "MOll 53 Page 2 of 4 Initi'l~
W:\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC FLUM Resolution.doc
15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is
issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
16. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
storm water and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
18. The proposed map amendment supports Goal 102. The County Biologist is confident that
construction of a single-family home on Lot 1 and the subject property can adequately protect
the wetland on the property. In addition, the fact that the property is surrounded on three sides
by development or land designated for development and is essentially an isolated finger of
hammock makes acquisition by the government an unappealing option. Protection of the
wetland is possible through private ownership of the parcel.
19. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical
or minor changes to a previously approved or recorded plat; and
WHEREAS, the Planning Commission made the following Conclusions of Law:
1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the
requirements of Section 9.5-213 of the Monroe County Land Development Regulations.
2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur,
the County Biologist believes that adequate surface water management will protect the integrity
and function of the wetland area. In addition, because the property is surrounded on three sides
by development and is essentially an isolated finger of hammock, acquisition by the government
is not a preferred option. Protection of the wetland is possible through private ownership of the
parcel.
File #M01153
Page 3 of4
Initi'l~
W: \Planning\ Working F olders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC FLUM Resolution.doc
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board of
County Commissioners, the request filed by Leonard Lovallo to change the Future Land Use Map
from Recreation (R) to Residential Medium (RM) for property located adjacent to South Bridge
Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13,
Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real estate
identification number 00573670.005903
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a
regular meeting held on the 25th of April, 2001.
Chair Mapes
Commissioner Coleman
Commissioner Hill
Commissioner Ritz
Commissioner Werling
I
p
PLANNING CO
MONROE COUNTY, FLORIDA
BY
Signed this ~ day of
,2001.
File #M01153
Page 4 of 4
lni tials
W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC FLUM Resolution.doc
PC RESOLUTION NO. P26-0l
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROV AL TO THE
BOARD OF COUNTY COMMISSIONERS OF THE REQUEST
BY LEONARD LOVALLO TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM PARK. AND REFUGE (PR)
IMPROVED SUBDIVISION (IS) FOR PROPERTY
DESCRIBED AS PART OF TRACT A, HARBOR COURSE
SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY LARGO,
LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH, RANGE
40 EAST, LOCATED WITHIN THE OCEAN REEF CLUB AT
THE NORTHERN TERMINUS OF COUNTY HIGHWAY 905
WHEREAS, the Monroe County Planning Commission, during a regular meeting held on
April 25, 2001, conducted a review and consideration of the request filed by Leonard Lovallo to
amend the Land Use District (Zoning) Map from Park and Refuge (PR) to Improved Subdivision
(IS) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor
Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East,
Monroe County, Florida, having the real estate identification number 00573670.005903; and
WHEREAS, the Planning Commission examined the following information:
1. The application from the applicant to change the Land Use District (Zoning) Map
from Park and Refuge (PR) to Improved Subdivision (IS); and
2. The staff report prepared by Martin Schultz, Senior Planner and Ralph Gouldy, Senior
Administrator-Environmental Resources, dated April 9, 2001; and
WHEREAS, the Planning Comrjlission made the following Findings of Fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County
Code. The applicant's agent initiated the application in order to rezone the subject property to a
land use district that allows for the construction of a single family home on the proposed
combined parcel.
3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential.
File #M01153
Page 1 of 4
~tia~
W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC MAP Resolution.doc
4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was
changed to Sparsely Settled (SS).
5. Section 9.5-209 of the Land Development Regulations states that the purpose of the Sparsely
Settled (SS) land use district is to establish areas of low-density residential development where
the predominant character is native or open space lands.
6. On November 10, 2000, a Land Use District Map change became effective for the subject
property. The land use district was changed to Park and Refuge (PR).
7. Section 9.5-224 of the Land Development Regulations states that the purpose of the Park and
Refuge (PR) land use district is to establish and protect areas as parks, recreational areas and
wildlife refuges.
8. According to the Monroe County Code, there was no setback required to a freshwater wetland
prior to the adoption of the Year 2010 Comprehensive Plan.
9. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on
January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open
space buffer for development adjacent to wetlands. This created a situation where Lot I, as
currently configured, does not have sufficient area available to construct a reasonably-sized
single family house in character with the neighborhood that will meet the County wetland
setback and open space requirements.
10. Section 9.5-511 prohibits any map amendments that would negatively impact community
character
11. The residential neighborhood in which the subject property is located is designed around the
Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the
only residential land use district in the area.
12. Section 9.5-213 of the Land Development Regulations states that the purpose of the ~mproved
Subdivision (IS) district is to accommodate the legally vested residential rights of the owners of
lots in subdivisions that were lawfully established and improved prior to the adoption of this
chapter. F or the purpose of this section, improved lots are those which are served by a
dedicated and accepted existing road of porous or nonporous material, that have a Florida Keys
Aqueduct Authority approved potable water supply, and that have sufficient uplands to
accommodate the proposed use in accordance with the required setbacks. This district is not
intended to be used for new land use districts of this classification within the county.
13. Harbor Course Section Four, Ocean Reef Plat No. 13 is a legally vested residential subdivision.
In addition, the single-family homes near the subject property and the general residential
character of the surrounding neighborhood are reflective of the purpose of the Improved
Subdivision (IS) land use district.
File #M01153
Page 2 of 4
W: \Planning\ Working F olders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC MAP Resolution.doc
14. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached
dwellings of all types, and therefore is the most applicable zoning district, should construction
be permitted. .
15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is
issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
16. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
storm water and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
18. The proposed map amendment supports Goal 102. The County Biologist is confident that
construction of a single-family home on Lot 1 and the subject property can adequately protect
the wetland on the property. In addition, the fact that the property is surrounded on three sides
by development or land designated for development and is essentially an isolated finger of
hammock makes acquisition by the government undesirable. Protection of the wetland is
possible through private ownership of the parcel.
19. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical
or minor changes to a previously approved or recorded plat; and
WHEREAS, the Planning Commission made the following Conclusions of Law:
1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the
requirements of Section 9.5-213 ofthe Monroe County Land Development Regulations.
2. The proposed map ?..iTIendment supports Objective 101.1 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur,
the County Biologist believes that adequate surface water management will protect the integrity
and function of the wetland area. In addition, because the property is surrounded on three sides
by development and is essentially an isolated finger of hammock, acquisition by the government
is not a preferred option. Protection of the wetland is possible through private ownership of the
parcel.
File #MOl153
Page 3 of 4
lniti'l'~
W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC MAP Resolution.doc
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board
of County Commissioners, the request filed by Leonard Lovallo to amend the Land Use District
(Zoning) Map from Park and Refuge (PR) to Improved Subdivision (IS) for property located
adjacent to South Bridge Road and described as Part of Tract A, Harbor Course Section Four,
Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East, Monroe County,
Florida, having the real estate identification number 00573670.005903
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a
regular meeting held on the 25th of April, 2001.
Chair Mapes
Commissioner Coleman
Commissioner Hill
Commissioner Ritz
Commissioner Werling
PLANNING C
ro~
ISSION OF
NROE COUNTY, FLORIDA
BY
Lynn Mapes, Char
Signed this ~daYOf~
, 2001.
APPROVED AS TO FORM
AND LEG SUFFICIENC
If
BY
I
, I
..
File #MOl153
Page 4 of 4
Initials
W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\Pc\PC MAP Resolution.doc
DEVELOPMENT REVIEW COMMITTEE RESOLUTIONS
D08-01 AND D09-01
DRC RESOLUTION NO. D08-01
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL TO THE PLANNING COMMISSION OF THE
REQUEST BY LEONARD LOVALLO TO AMEND THE
FUTURE LAND USE MAP FROM RECREATION (R) TO
RESIDENTIAL MEDIUM (RM) FOR PROPERTY
DESCRIBED AS PART OF TRACT A, HARBOR COURSE
SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY LARGO,
LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH, RANGE
40 EAST, LOCATED WITHIN THE OCEAN REEF CLUB AT
THE NORTHERN TERMINUS OF COUNTY HIGHWAY 905
WHEREAS, the Monroe County Development Review Committee, during a regular
meeting held on April 5, 2001, conducted a review and consideration of the request filed by
Leonard Lovallo to amend the Future Land Use Map from Recreation (R) to Residential Medium
(RM) for property located adjacent to South Bridge Road and described as Part of Tract A, Harbor
Course Section Four, Ocean Reef Plat No. 13, Section 13, Township 59 South, Range 40 East,
Monroe County, Florida, having the real estate identification number 00573670.005903; and
WHEREAS, the Development Review Committee examined the following
information:
1. The application from Leonard Lovallo to change the Future Land Use Map from
Recreation (R) to Residential Medium (RM); and
2. The staff report prepared by Martin Schultz, Senior Planner and Ralph Gouldy,
Senior Administrator-Environmental Resources, dated March 30,2001; and
WHEREAS, the Development Review Committee made the following Findings
of Fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
File #M01153
Page 1 of 4
Initials .!iK
W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC FLUM Resolution.doc
2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County
Code. The applicant's agent initiated the application in order to rezone the subject property to a
land use district that allows for the construction of a single family home on the proposed
combined parcel.
3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential.
4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was
changed to Sparsely Settled (SS). The purpose of the SS land use district is to establish areas of
low-density residential development where the predominant character is native or open space
lands.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took
effect January 4, 1996, followed the land use district boundary and adopted a future land use
category of Residential Low (RL).
6. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
the Residential Low (RL) Future Land Use category is to provide for low-density residential
development in partially developed areas with substantial native vegetation. Low intensity
public and low intensity institutional uses are also allowed.
7. On June 23, 2000, a Future Land Use Map change took effect for the subject property. The
future land use category was changed to Recreation (R).
8. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal
purpose of the Recreation land use category is to provide for public and private activity-based
and resource-based recreational facilities.
9. On November 10, 2000, a Land Use District Map change took effect for the subject property.
The land use district was changed to Park and Refuge (PR). The purpose of the PR land use
district is to establish and protect areas as parks, recreational areas and wildlife refuges.
10. According to the Monroe County Code, there was no setback required to a freshwater wetland
prior to the adoption of the Year 2010 Comprehensive Plan.
11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on
January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open
space buffer for development adjacent to wetlands.
12. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
13. The residential neighborhood in which the subject property is located is designed around the
Harbor Course golf course and is residential in character, with Improved Subdivision (IS) the
only residentialland use district in the area.
File #M01153
Page 2 of 4
Initials .i../f...,
W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC FLUM Resolution.doc
14. The Residential Medium (RM) Future Land Use category corresponds with the Improved
Subdivision (IS) land use category and therefore is the most appropriate land use category for
the subject properties.
15. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is
issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
16. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
17. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
18. The proposed map amendment supports Goal 102. The County Biologist is confident that
construction of a single-family home on Lot 1 and the subject property can adequately protect
the wetland on the property. In addition, the fact that the property is surrounded on three sides
by development or land designated for development and is essentially an isolated fmger of
hammock makes acquisition by the government an unappealing option. Protection of the
wetland is possible through private ownership of the parcel.
18. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical
or minor changes to a previously approved or recorded plat; and
WHEREAS, the Development Review Committee made the following Conclusions of Law:
1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the
requirements of Section 9.5-213 of the Monroe County Land Development Regulations.
2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur,
the County Biologist believes tha~ adequate surface water management will protect the integrity
and function of the wetland area. In addition, because the property is surrounded on three sides
by development and is essentially an isolated finger of hammock, acquisition by the government
is not a preferred option. Protection of the wetland is possible through private ownership of the
parcel.
File #M01153
Page 3 of4
Initials ~
W:\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC FLUM Resolution.doc
NOW THERFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the
Monroe County Planning Commission of the request filed by Leonard Lovallo to change the Future
Land Use Map from Recreation (R) to Residential Medium (RM) for property located adjacent to
South Bridge Road and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat
No. 13, Section 13, Township 59 South, Range 40 East, Monroe County, Florida, having the real
estate identification number 00573670.005903.
PASSED AND ADOPTED by the Development Review
Florida, at a regular meeting held on the 5th of April, 2001.
Edward Koconis, AICP, DRC Chair
Fred Gross, Island Planning Team Director
Ralph Gouldy, Senior Administrator, Environmental Resources
Martin Schultz, Senior Planner
Department of Public Works (by FAX)
Department of Engineering (by FAX)
Department of Health (by FAX)
Committee of Monroe County,
YES
YES
ABSENT
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
PJg O(V~ ~~O
Edward Koconi~, AICP, DRC Chair
Signed this ~ day of ~'l \
BY
, 2001.
File #M01153
Page 4 of 4
Initials ~
W :\Planning\ Working F olders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC FLUM Resolution,doc
DRC RESOLUTION NO. D09-01
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL TO THE PLANNING COMMISSION OF THE
REQUEST BY LEONARD LOVALLO TO AMEND THE
LAND USE DISTRICT (ZONING) MAP FROM PARK AND
REFUGE (PR) TO IMPROVED SUBDIVISION (IS) FOR
PROPERTY DESCRIBED AS PART OF TRACT A, HARBOR
COURSE SECTION FOUR, OCEAN REEF PLAT NO. 13, KEY
LARGO, LOCATED IN SECTION 13, TOWNSHIP 59 SOUTH,
RANGE 40 EAST, LOCATED WITHIN THE OCEAN REEF
CLUB AT THE NORTHERN TERMINUS OF COUNTY
HIGHWAY 905
WHEREAS, the Monroe County Development Review Committee, during a regular
meeting held on AprilS, 2001, conducted a review and consideration of the request filed by
Leonard Lovallo to amend the zoning map from the Park and Refuge (PR) zoning district to the
Improved Subdivision (IS) zoning district for property located adjacent to South Bridge Road and
described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13,
Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification
number 00573670.005903; and
WHEREAS, the Developrn~nt Review Committee examined the following
information:
1. The application from Leonard Lovallo to change the Land Use District (zoning) map
from Park and Refuge (PR) to Improved Subdivision (IS); and
2. The staff report prepared by Martin Schultz, Senior Planner and Ralph Gouldy,
Senior Administrator-Environmental Resources, dated March 30, 2001; and
WHEREAS, the Development Review Committee made the following Findings
of Fact:
1. Section 9.5-511 (d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
File #M01153
Page 1 of 4
Initials ~
W:\Planning\Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC MAP Resolution.doc
2. This map amendment recognizes new issues [Section 9.5-511(d)(5)b(iv)] of the Monroe County
Code. The applicant's agent initiated the application in order to rezone the subject property to a
land use district that allows for the construction of a single family home on the proposed
combined parcel.
3. The pre-1986 zoning of the subject property was RU-l, Single-Family Residential.
4. During the 1986 Comprehensive Plan process, the land use district of the subject properties was
changed to Sparsely Settled (SS). The purpose of the SS land use district is to establish areas of
low-density residential development where the predominant character is native or open space
lands.
5. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, which took
effect January 4, 1996, followed the land use district boundary and adopted a future land use
category of Residential Low (RL).
6. Policy 101.4.2 of the Monroe County Year 2010 Comprehensive Plan states that the purpose of
the Residential Medium (RL) Future Land Use category is to provide for low-density
residential development in partially developed areas with substantial native vegetation. Low
intensity public and low intensity institutional uses are also allowed.
7. On November 10, 2000, a Land Use District Map change took effect for the subject property.
The land use district was changed to Park and Refuge (PR). The purpose of the PR land use
district is to establish and protect areas as parks, recreational areas and wildlife refuges.
8. On November 10, 2000, a Future Land Use Map change took effect for the subject property.
The future land use category was changed to Recreation (R).
9. Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states that the principal
purpose of the Recreation land use category is to provide for public and private activity-based
and resource-based recreational facilities.
10. According to the Monroe County Code, there was no setback required to a freshwater wetland
prior to the adoption of the Year 2010 Comprehensive Plan.
11. According to Policy 204.2.6 of Monroe County Comprehensive Plan, which went into effect on
January 4, 1996, vegetated setbacks of fifty (50) feet are required to be maintained as an open
space buffer for development adjacent to wetlands.
12. Section 9.5-242 indicates that the Improved Subdivision (IS) zoning district permits detached
dwellings of all types, and therefore is the most applicable zoning district, should construction
be permitted.
13. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
File #MOl153
Page 2 of 4
Initials it-..-
w: \Planning\ Working Folders\Schultz-Marty\Map Amendments\Lova1lo\DRC\DRC MAP Resolution.doc
14. Objective 101.1 states that Monroe County shall ensure that at the time a development permit is
issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
15. The 2000 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
16. Goal 102 of the Monroe County Year 2010 Plan states that Monroe County shall direct ,future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
17. The proposed map amendment supports Goal 102. The County Biologist is confident that
construction of a single-family home on Lot 1 and the subject property can adequately protect
the wetland on the property. In addition, the fact that the property is surrounded on three sides
by development or land designated for development and is essentially an isolated finger of
hammock makes acquisition by the government an unappealing option. Protection of the
wetland is possible through private ownership of the parcel.
18. Section 9.5-81(e) of the Monroe County Code allows the Planning Director to approve technical
or minor changes to a previously approved or recorded plat.
WHEREAS, the Development Review Committee made the following Conclusions of Law:
1. This text amendment meets requirements outlined in Section 9.5-511(d)(5)b(iv) and the
requirements of Section 9.5-213 of the Monroe County Land Development Regulations.
2. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2000 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
3. The proposed map amendment is sufficiently consistent with Goal 102 of the Monroe County
Year 2010 Comprehensive Plan. Although some impacts to the natural environment will occur,
the County Biologist believes that adequate surface water management will protect the integrity
and function of the wetland area. In addition, because the property is surrounded on three sides
by development and is essentially an isolated finger of hammock, acquisition by the government
is not a preferred option. Protection of the wetland is possible through private ownership of the
parcel; NOW THEREFORE,
BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE
COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission
of the request filed by Leonard Lovallo to change the Land Use District (Zoning) Map from Park
and Refuge (PR) to Improved Subdivision (IS) for property located adjacent to South Bridge Road
File #MOl153
Page 3 of4
Initials ~
W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC MAP Resolution.doc
and described as Part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Section 13,
Township 59 South, Range 40 East, Monroe County, Florida, having the real estate identification
number 00573670.005903.
PASSED AND ADOPTED by the Development Review
Florida, at a regular meeting held on the 5th of April, 2001.
Edward Koconis, AICP, DRC Chair
Fred Gross, Island Planning Team Director
Ralph Gouldy, Senior Administrator, Environmental Resources
Martin Schultz, Senior Planner
Department of Public Works (by FAX)
Department of Engineering (by FAX)
Department of Health (by FAX)
Committee of Monroe County,
YES
YES
ABSENT
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
p~!frO~ Ka--~
Edward Koconis, AICP, DRC Chair
Signed thiO day Of~. 2001.
BY
File #MOl153
Page 4 of 4
Initials ~
W :\Planning\ Working Folders\Schultz-Marty\Map Amendments\Lovallo\DRC\DRC MAP Resolution.doc