Item U3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 20. 2005 Division: Growth Management
Bulk Item: Yes - No -L Department: Planning Department
Staff Contact Person: K. Marlene Conaway
AGENDA ITEM WORDING:
A public hearing to consider a DCA transmittal resolution to amend the Future Land Use Map
(FLUM) from Residential Conservation (RC) to Conservation (C) H)f 00117510.000100 (Land
Authority) and from Conservation (C) to Mixed Use/Commercial (MC) for 00117510.000200
(Earth and Sea).
(l st of 2 required public hearings)
ITEM BACKGROUND:
The Planning Department is requesting an amendment to the Future Land Use Map (FLUM) for
the purpose of correcting a data error. This amendment will make the historical use of the land
and the land use district designation of the parcel owned by Earth and Sea consistent with the
FLUM, thus increasing redevelopment potential and allowing the property to confonn to use.
Further, the ownership and use of the parcel owned by the Monroe County Land Authority will
become consistent with the FLUM.
PREVIOUS REVEI...ANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGJ:.~S: 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 - Year -
APPROVED BY: County Atty -L OMB!Purchasing NA Risk Management N! A
j 1 -
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
DISPOSITION: AGI~NDA ITEM #
MONROE COUNTY FUTURE LAND USE MAP AMENDMENTS
FOR TWO NEIGHBORING PARCELS ON UPPER SUGARLOAF KEY
FROM CONSERVATION (C) TO MIXED USE/COMMERCIAL (MC) AND
FROM RESIDENTIAL CONSERVATION (RC) TO CONSERVATION (C)
BOARD OF COUNTY COMMISSIONERS
KEY WEST
JUL Y 20, 2005
A REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT TO
AMEND THE FUTURE LAND USE MAP
FROM RC TO C FOR 00117510.000100 (LAND AUTHORITY) AND
FROM C TO Me FOR 00117510.000200 (EARTH AND SEA).
RECOMMENDA TIONS
Staff: Approval February 25, 2005 Staff RepOlt
DRC: Approval March 10, 2005 Resolution #D -05
PC: Approval May 11,2005 Resolution #P -05
DRAFT BOCC TRANSMITTAL RESOLUTION
RESOLUTION NO.~
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
DEP ARTMENT OF COMMUNITY AFFAIRS THE REQUEST
FILED BY THE PLANNING AND ENVIRONMENT AL
RESOURCES DEPARTMENT TO AMEND THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN FUTURE
LAND USE MAP FROM RESIDENTIAL CONSERVATION (RC)
TO CONSERVATION (C) FOR 00117510.000000 AND FROM
CONSERV A TION (C) TO MIXED USE/COMMERCIAL (MC)
FOR 00117510.000200 FOR PROPERTIES LOCATED AT 25 66
27 SUGARLOAF KEY PART GOVERNMENT LOT 5 AKA
LOTS 2 AND 3 BLOCK 1, SUGARLOAF ACRES SECTION
ONE, SUGARLOAF KEY, FLORIDA, APPROXIMATE MILE
MARKER 19.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing on July 20, 2005 for the purpose of considering the transmittal to the Florida
Department of Community atfairs, tor review and comment of a proposed amendment to
the Future Land Use Map for the Monroe County Year 2010 Comprehensive Plan; and
\VHEREAS, the Planning Staff, Development Review Committee, Planning
Commission and Monroe County Board of County Commissioners support the requested
Future Land Use designation change;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board of County Commissi oners does hereby adopt the
recommendation of the Monroe County Department of Planning and
Environmental Resources pursuant to the draft ordinance tor adoption of
the proposed Future Land Use Map amendment; and
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment as part of the first set of comprehensive plan map amendments
for 2006 to the Florida Department of Community Affairs tor review and
comment in accordance with the provisions of Sections 163.184 and
380.0522, Florida Statutes; and
Section 3. The Monroe County Staff is given the authority to prepare and submit the
required transmittal letter and supporting documents tor the proposed
amendment in accordance with the requirement of 9J-I 1.0006 of the
Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a copy of this
resolution to the Director of Planning and Environmental Resources.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 20th day of July, 2005.
Mayor Dixie M. Spehar --
Mayor Pro Team Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Dixie M. Spehar
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
MONAOE COUNTY ATTORNEY
~PPAOVED .~fPfJM ~ /j ,
~ ~ {f 4j}F d 4' " ~~ \' -{ ~l ~/
'Dat.: ..' . > I, ()'~
. .
DEPUTY CLERK
DRAFT BOCC ORDINANCE
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY
COMMISSIONONERS APPROVING THE
REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND
THE FUTURE LAND USE DESIGNATION
FROM RC TO C FOR 00117510.000100
(LAND AUTHORITY) AND FROM C TO
MC FOR 00117510.000200 (EARTH AND
SEA) FOR PROPERTIES LOCATED AT 25
6627 SUGARLOAF KEY PART GOV LOT
5 AKA LOTS 2 AND 3 BLOCK I,
SUGARLOAF ACRES SECTION ONE,
SUGARLOAF KEY, FLORIDA,
APPROXIMA TE MILE MARKER 19.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on July 20, 2005, conducted a review and consideration of the
request filed by Monroe County Planning Department to amend the Future Land Use
Map from Residential Conservation to Conservation for 001l751O.000100 (Land Authority) and
from Conservation to Mixed Use/Commercial for 00] 17510.000200 (Earth and Sea); and
WHEREAS, the Development Review Committee, during a public meeting held
in Marathon on March 10, 2005, recommended approval of the application to the
Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on
May 11, 2005, recommended approval of the application to the Board of County
Commissioners; and
WHEREAS, the Board of County Commissioners further reviewed the
application and made the following Finding of Facts:
L 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 is predicated on item number iii of Section 9.5-5 1 I (d)(5)
which cites "data errors" as a viable reason to pursue a map amendment and
zoning change. Based on the close proximity of the year the neighboring parcel
was purchased by the Land Authority and the creation of the Future Land Use
Map as well as the historical use of the subject parcel; staff confidently believes
the FLUM Designation of Conservation was intended for the neighboring parcel
(00117510.000100).
3. The pre-1986 zoning of 00117510.000200 was General Use (GU) and Business
Use-2Q (BU-2Q). These designations are consistent with the established
commercial use of the property. The pre-1986 zoning of 00117510,000100 was
General Use (GU).
4. During the 1986 revisions to the Land Development Regulations and land use
desi&rnations, the land use (zoning) district of the 00117510.000200 was changed
from BU-2Q to Suburban Commercial (SC) and the land use (zoning) district of
the 00117510.000100 was changed from GU to Native Area (NA).
5. Section 9.5~206 of the Land Development Regulations indicate that the purpose
of the Suburban Commercial (SC) district is to establish areas for commercial
uses designed and intended primatily to serve the needs of the immediate
planning area in which they are located. Section 9.5-210 of the Land
Development Regulations indicates that the purpose of the Native Area (NA)
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. The current commercialiretail/residentiallstorage uses of the 00117510.000200
property dates back to the early 80's, as evidenced by Building Permit # 117510
issued to Tropical Marine Center, and is reflective of the previous zoning
categories of GU and BU-2Q. Based on the established use of the property, the
Suburban Commercial zoning designation is the most appropriate zoning
designation for the subject property.
7. The FLUM of the Monroe County Year 2010 Comprehensive Plan desi&rnates
00117510.000200 as Conservation (C). The FLUM of the Monroe County Year
2010 Comprehensive Plan designates 0011 7510.000100 as Residential
Conservation (RC).
8. Policy 101.4.19 of the Monroe County Year 2010 Comprehensive Plan states that
the purpose of the Residential Conservation (RC) land use category is to
encourage preservation of open space and natural resources while providing for
very low-density residential development m areas characterized by a
predominance of undisturbed native vegetation. Policy 101.4.15 of the Monroe
County Year 2010 Comprehensi ve Plan states that the purpose of the
Conservation land use designation is to provide for publicly owned lands held
primarily for the preservation of natural and historic resources and compatible
passive recreational uses. Public uses consistent with the purpose of this
designation shall be allowed. This constrains potential renovation or expansion of
uses of parcel 00117510.000200, yet is consistent with the ownership and use of
the neighboring parcel 00117510.000100.
9. Subsequent to the adoption of the FLUM and Comprehensive Plan future
commercial and residential development in the Conservation (C) districts were
prohibited and any existing commercial and storage uses on the 00117510.000200
property became non-conforming.
10. Policy 105.1.4 of the Monroe County Year 2010 Comprehensive Plan states that
"Monroe County shall prepare redevelopment standards and amend the Land
Development Regulations to address the large number of non-conforming
commercial structures that are non-compliant as to on-site parking, construction
and shoreline setbacks, stormwater management, landscaping and buffers. By
identifying the existing character and constraints of the different island
communities, regulations can be adopted that provide incentives for
redevelopment and permit the continuance of businesses while moving towards an
inteblTated streetscape".
11. The Mixed Use/Commercial (Me) Future Land Use designation corresponds
with the land use zoning designation, Suburban Commercial (SC). The MC
Future Land Use designation is the most appropriate FLUM Designation for the
00117510.000200 property. Further, staff feels the parcel was intended to have
this Me designation and the 00117510.000100 parcel was intended to have the C
desib'11ation.
12. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing uses of residentiallcommercial/retail/storage
parallel the historical uses of the property. Further, the neighboring development
which has a SC land use designation and MC future land use designation contains
a mixture of uses very similar to the 00117510.000200 parcel.
WHEREAS, the Board of County Commissioners made the following
Conclusions of Law:
1. This map amendment meets the third (lii) criteria outlined in Section 9.5-511 of
the Monroe County Land Development Regulations and will not have a negative
impact or alter the character of the properties or the immediate vicinity.
2. The proposed map amendments are supported by and consistent with Policy
105.1.4 which will ultimately make the uses of the subject property
(00117510.000200) consistent with the land use and future land use classification
of permitted uses of the Me Designation and the adjacent property
(00117510.000100) consistent with the ownership and use of the C Designation.
NO\V THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section1. The Board specifically adopts the findings offact and conclusions oflaw stated
above.
Section 2. 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 3. 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 approved by the Department of
Community Affairs or Administration Commission approving the ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the day of ,A.D.,
2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
A TTEST: DANNY L KOLHAGE, CLERK
DEPUTY CLERK
$
Proposed Future land Use Map Amendment: Street Map
Key: Sugarloaf Key
Mile Marker: 19.5
Proposal: Change Future Land Use District from Residential Conservation
(RC) to Conservation (C) and Conservation (C) to Mixed Use
Commercial (MC).
Property Description: RE 00117510.000200 and 00117510,000100
"
Map Amendment M25068 Land Use District Map #: 467
Proposed Future land Use Map Amendment: Aerial
Key: Sugarloaf Key
Mile Marker: 19.5 ~
Proposal: Change Future Land Use District from Residential Conservation
(RC) to Conservation (C) and Conservation (C) to Mixed Use
Commercial (MG).
It
100
Property Description: RE 00117510.000200 and 00117510.000100 I I
Feet
Map Amendment: M25068 Land Use District Map #: 467
The Monroe County Year 2010 Comprehensive Plan
Future Land Use Map is proposed to be amended as
Key: Sugarloaf Key indicated above and briefly described as:
~
~
Mile Marker: 19,5
Proposal: Change Future Land Use District from Residential Conservation
(RC) to Conservation (C) and Conservation (C) to Mixed Use
Commercial (MC).
100
Property Description: RE 00117510.000200 and 00117510.000100 I I
Feet
Map Amendment: M25068 Land Use District Map #: 467
BOCC STAFF REPORT
MEMORANDUM
TO: Board of County Commissioners
FROM: K. Marlene Conaway
RE: Request for Future Land Use Map Amendments
DATE: May 23,2005
MEETING DATE: July 20, 2005
EXISTING FUTURE LAND USE DESIGNATION: Conservation (C)
PROPOSED FUTURE LAND USE DESIGNATION: MixedUse/Commercial (MC)
EXISTING ZONING DESIGNATION: Suburban Commercial (SC)
PROPOSED ZONING DESIGNATIONS: None Proposed
PROPERTY OWNER: Midge Jolly and TomW eyant (Earth and Sea)
AGENT: Monroe County Planning Department (Staff Sponsored)
PROPERTY INFORMATION
Key: Upper Sugarloaf
Size: 44,298 square feet (1.02 acres)
Mile Marker: 19
RE#: 00117510.000200
EXISTING FUTURE LAND USE DESIGNATION: Residential Conservation (RC)
PROPOSED FUTURE LAND USE DESIGNATION: Conservation (C)
EXISTING ZONING DESIGNATION: Native Area (NA)
PROPOSED ZONING DESIGNATIONS: None Proposed
PROPERTY OWNER: Monroe County Land Authority
AGENT: Monroe County Planning Department (Staff Sponsored)
PROPERTY INFORMATION
Key: Upper Sugarloaf
Size: 44,298 square feet (1.02 acres)
Mile Marker: 19
RE#: 00117510.000100
Location Detail & Brief Description:
The sites are located on Upper SugarIoaf Key approximately four-fifths of a mile North
of US 1. The entry drives are on Crane Boulevard. Mad Bob Road runs parallel to the
South.
Existing Habitat:
00117510.000200 The property is completely developed.
0011 751 0.0001 00 Mangrove wetland area with some upland vegetation in the
southern portion.
Existing Use:
00117510.000200 ResidentiallCommerciallRetailiS torage
00117510.000100 Vacant
Neighboring Land Uses and Character: The area is characterized by a number of
different commercial, residential and recreational/leisure uses; as well as vacant lands.
he properties to the North, northwest, northeast, and the
West (00117510.000100) are vacant vegetated lots and have a Future Land Use
Designation of Residential Conservation (RC).
he properties to the East contain the development
commonly referred to as the Binsky Building (DO #14-01). This development contains a
mixture of office, storage and affordable housing. The Future Land Use Designation is
Mixed Use/Commercial (MC).
The property to the southwest contains the Sugarloaf Club, Inc. This site contains a
mixture of recreational and leisure activities. The Future Land Use desib'1lation is
Residential Medium (RM).
The property to the southeast contains a residential unit. The Future Land Use
Designation is Residential Medium (RM)
LAND USE HISTORY AND ZONING HISTORY
Parcel- 00117510.000200
LAND USE HISTORY
The following chronology is intended to summarize the major procedural events and
permit history of the subject property (00117510.000200) that is appropriate to the
requested amendment
Prior to the issuance of permits the 1977 property record card indicates there was an
existing 12' X 19' patio. The first Monroe County permit was issued in 1976 with a total
of three permits issued that year. The first (#A-1453) was issued in August for the
installation of the foundation with auger holes and concrete columns. Later that month, a
permit (#A-1508) for a new storage area was added to the existing patio. In November, a
permit (#A-I725) was issued for an elevated single family residence with a wrap around
porch. In 1977, a permit (#A-1963) was issued to enclose the West end of the single-
family residence with blowout walls for storage (16' X 32'). In 1982, a final permit was
issued (#A 1 0-977) for the construction of a 2,000 square foot porch awning. The name on
the pennit was Tropical Marine Center.
ZONLVG HISTORY
The original zoning classification was General Use (GU). The GU district was
established as "an interim land classification pending action to rezone the property to a
residential, business or industrial classification" (Sec. 19-178, Monroe County Code,
1984).
The parcel was rezoned BU-2Q to reflect the commercial activity on the first floor. The
business district was "intended to provide areas in which customary and traditional
conduct of trade and commerce may be camed on without disruption by the
encroachment and intrusion of incompataible uses, and protected from the adverse effects
of undesirable industrial uses" (Monroe County Code, Effective, October 1, 1979, Sec.
19-217).
During the 1986 revisions to the Monroe County Land Development Regulations and
land use designations the subject property was redesignated as Suburban Commercial
(SC). "The purpose of the SC district is to establish areas for commercial uses designed
and intended primarily to serve the needs of the immediate planning area in which they
arc located. This district should be established at locations convenient and accessible to
residential areas without use of U.S. I" (Monroe County Land Development Regulations,
Sec. 9.5-207).
The SC district permits storage areas less than twenty-five (25) percent and attached
residential dwellings with less than six (6) units designated as employee housing as of
right and commercial retail of low to medium intensity as a minor conditional use. In
conclusion, the uses at the time paralleled the permitted uses with the exception that the
existing housing was single-family; not employee.
During the ensuing Comprehensive Plan process which culminated in the adoption of the
Monroe County Year 2010 Comprehensive Plan in 1996, efforts were made to eliminate
inconsistencies between the existing Land Development Regulations and the newly
formulated Comprehensive Plan.
Parcel. 00117510.000100
The following chronology is intended to summarize the major procedural events and
permit history of the subject property (00117510.000100) that is appropriate to the
requested amendment
LAND USE HISTORY
A Monroe County building permit search indicates that this parcel has never received a
building permit.
ZONING HISTORY
The original zoning classification was Genenil Use (GU). The au district was
established as "an interim land classification pending action to rezone the property to a
residential, business or industrial classification" (Sec. 19-178, Monroe County Code,
1984).
During the 1986 revisions to the Monroe County Land Development Regulations and
land use designations the subject property was redesignated as Native Area (NA). "The
purpose of the NA 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."
The applicant, Mr. Kluglein and his agent, Mr. Halpern requested a zone change from
NA to SC at the January 25, 1994 Development Review Committee Meeting. The
appl icant was denied the zone change. At an April 7, 1994 Planning Commission
meeting, the applicant was denied again. Later that year, Board of County Commissioner
action sold the property to the Monroe County Land Authority.
ANALYSIS AND RATIONALE FOR CHANGE
Changed Projections or Assumptions: None.
Data Errors: Yes.
The C designation was intended for the 00117510.000100 parcel, but was accidentally
given to the 00117510.000200. The Conservation designation is designed to provide for
publicly owned lands held primarily for the preservation of natural and historic resources
and compatible passive recreational uses. 00117510.000100 becatne publicly owned
when purchased by the Monroe County Land Authority in 1994.
00117510.000200 should have the MC designation and is supported by the following
findings; first, the adjacent parcel to the East has a FLUM designation of MC and second,
a draft FLUM designated 00117510.000200 as Commercial (C:C). The historical use of
the property, the surrounding FLUM desibJJ1ation, and the draft FLUM support the MC
designation.
New Issues: None.
Recognition of a Need for Additional Detail or Comprehensiveness: None.
IMP ACT AND POLICY ANALYSIS
Comparison of Development Potential for the <;urrent and Proposed Land Uses:
1. Current Land Development Regulations (LDR's)
Planning Staff is requesting that the FLUM tor 00117510.000200 be amended to the land
use designation of Mixed Use/Commercial (MC), which parallels the current land use
classification of SC and the historical and present utilization of the property.
Policy 101.4.5 states that the principal purpose of the Mixed Use/ Commercial (MC)
land use desi.~,'11ation is to provide for the establishment of commercial zoning districts
where various types of commercial retail and office may be permitted at intensities which
are consistent with the community character and the natural environment. Employee
housing and commercial apartments are also permitted.
This land use designation is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and nonresidential
uses may be permitted; however, heavy industrial uses and similarly incompatible uses
shan be prohibited. In order to protect environmentally sensitive lands, the following
development controls shall apply to all hammocks, pinelands, and disturbed wctlands
within this land use designation:
1. only low intensity commercial uses shall be allowed;
2. a maximum f100r area ratio of 0.1 0 shall apply; and
3. maximum net residential density shall be zero.
Policy 101.4.15 states that the purpose of the Conservation (C) District designation is to
provide for publicly owned lands held primarily for the preservation of natural and
historic resources and compatible passive recreational uses. Public uses consistent with
the purpose of this designation shall be allowed.
The Conservation (C) designation severely constrains the residential, commercial, retail
and storage development potentials of the 00117510.000200 property, however matches
the ownership requirements of the Conservation district for the 00117510.000100
property. 00117510.000200 has been utilized (as is evidenced by 1986 aerial photo, 1983
Permit # 117510, electric account in the name of Timothy Jones with a start date of
05/06/1982 and end date of 09105/2001) as a commercial use for over twenty years. The
proposed map amendment Designation of MC will allow thc property to become
conforming as to use. This will also increase the redevelopment potential for the subject
propcrty and provide opportunities for improvements to occur.
Compatibility with Adjacent Land Uses and Effects on Community Character:
The proposed map amendment is not in conthct with the community character based on
the following findings:
Density and Intensity
The 00117510.000200 property has been in use as a residential, commercial, and storage
area tor many years. The proposed map amendment to MC will retlect the existing
density and intensity of use in a more accurate manner than the current C Designation.
Therefore, the map amendment will not be in conflict with the community character of
the immediate vicinity which is a mix of uses, mostly commcrcial with the exception of
the area northwest of the property that remains vacant.
Use Compatibility
The current use of the 00117510.000200 property is consistent with the mix of uses,
including the neighboring commercial/office uses and the newly developed residential
sites found in the immediate vicinity. The map amendment will not create a cont1ict with
community character based on use compatibility. Any future redevelopment of the site
that would involve a change of use would require planning review and a possible
amendment to a conditional use if deemed necessary by the Director of Planning.
Local Tra.ffic and Parking
The uses are existing; the map amendment will have no impact on "Local Traffic or
Parking".
Effects on Natural Resources
The 00117510.000200 property proposed for the map amendment is completely
developed. The proposed map changes will not adversely impact environmentally
sensitive lands or natural resources. Should the property become conforming as to use
and apply for substantial improvements any non~compliant aspects of the property such
as but not limited to, side yard setbacks, wastewater treatment, etc. and would have to be
brought into compliance to the furthest extent practicable.
Effects on Public Facilities
The 2004 Monroe County Public Facilities Capacity Assessment Report indicates that the
adequacy of public facilities would not be impacted in a negative manner if the proposed
map amendment is approved and enacted.
Consequences ofa denial of the proposed map amendments
The 00 117510.000200 property would continue to be non-conforming with the associated
limitations with regard to redevelopment.
The inability to pursue substantial improvements or redevelopment will create potential
for unsafe structures, possible degradation of near-shore waters as a result of substandard
wastewater treatment facilities, and poor surface water management.
There would be no consequence for the 001 17510.000100, which is owned by the Land
Authority. However, the Conservation designation is consistent with the ownership,
permitted uses and purpose of land owned by the Land Authority.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5) b. of the Monroe County Land Development Regulations
allows the Board of County Commissioncrs to consider adopting an ordinance to
enact map changes under six listed conditions.
2. This map amendment is predicated on item number iii of Section 9.5-511(d)(5)
which cites "data errors" as a viable reason to pursue a map amendment and
zoning change. Based on the close proximity of the year the neighboring parcel
was purchased by the Land Authority and the creation of the Future Land Use
Map as well as the historical use of the subject parcel; staff contldently believes
the FLUM Designation of Conservation was intended for the neighboring parcel
(00117510.000100).
3. The pre-1986 zoning of 00117510.000200 was General Use (GU) and Business
Use-2Q (BU-2Q). These designations are consistent with the established
commercial use of the property. The pre-1986 zoning of 00117510.000100 was
General Use (GU).
4. During the 1986 revisions to the Land Development Rebrulations and land use
designations, the land use (zoning) district of the 00117510.000200 was changed
from BU-2Q to Suburban Commercial (SC) and the land use (zoning) district of
the 00117510.000100 was changed from GU to Native Area (NA).
5. Section 9.5-206 of the Land Development Regulations indicate that the purpose
of the Suburban Commercial (SC) district is to establish areas for commercial
uses designed and intended primarily to serve the needs of the immediate
planning area in which they are located. Section 9.5-210 of the Land
Development Regulations indicates that the purpose of the Native Area (NA)
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. The current commerciallretaillresidentiallstorage uses of the 00117510.000200
property dates back to the early 80's, as evidenced by Building Permit # 117510
issued to Tropical Marine Center, and is reflective of the previous zoning
categories of GU and BU-2Q. Based on the established use of the property, the
Suburban Commercial zoning designation is thc most appropriate zoning
designation for the subject property.
7. The FLUM of the Monroe County Year 2010 Comprehensive Plan designates
00117510.000200 as Conservation (C). The FLUM of the Monroe County Year
2010 Comprehensi ve Plan designates 00 II 7510.0001 00 as Residential
Conservation (RC).
8. Policy 101.4.19 of the Monroe County Year 2010 Comprehensive Plan states that
the purpose of the Residential Conservation (RC) land use category is to
encourage preservation of open space and natural resources while providing tor
very low-density residential development m areas characterized by a
predominance of undisturbed native vegetation. Policy 101A.15 of the Monroe
County Year 2010 Comprehensive Plan states that the purpose of the
Conservation land use designation is to provide for publicly owned lands held
primarily for the preservation of natural and historic resources and compatible
passive recreational uses. Public uses consistent with the purpose of this
designation shall be allowed. This constrains potential renovation or expansion of
uses of parcel 00117510.000200, yet is consistent with the ownership and use of
the neighboring parcel 00117510.000100.
9. Subsequent to the adoption of the FLUM and Comprehensive Plan future
commercial and residential development in the Conservation (C) districts were
prohibited and any existing commercial and storage uses on the 00117510.000200
property became non.contorming.
10. Policy 105.1.4 of the Monroe County Year 2010 Comprehensive Plan states that
"Monroe County shall prepare redevelopment standards and amend the Land
Development Regulations to address the large number of non-conforming
commercial structures that are non.compliant as to on-site parking, construction
and shoreline setbacks, stormwater management, landscaping and buffers. By
identifYing the existing character and constraints of the different island
communities, regulations can be adopted that provide incenti ves for
redevelopment and permit the continuance of businesses while moving towards an
integrated streetscape".
11. The Mixed Use/Commercial (MC) Future Land Use designation corresponds
with the land use zoning designation, Suburban Commercial (SC). The MC
Future Land Use designation is the most appropriate FLUM Designation for the
00117510.000200 property. Further, staff feels the parcel was intended to have
this MC designation and the 00117510.000100 parcel was intended to have the C
designation.
12. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing uses of residential/commercial/retail/storage
parallel the historical uses of the property. Further, the neighboring development
which has a SC land use designation and Me future land use designation contains
a mixture of uses very similar to the 00117510.000200 parceL
CONCLUSIONS OF LAW:
1. This map amendment meets the third (iii) criteria outlined in Section 9.5-511 of
the Monroe County Land Development Regulations and will not have a negative
impact or alter the character of the properties or the immediate vicinity.
2. The proposed map amendments are supported by and consistent with Policy
105.1.4 which will ul timatel y make the uses of the subject property
(00117510.000200) consistent with the land use and future land use classification
of permitted uses of the MC Designation and the adjacent property
(00117510.000100) consistent with the ownership and use of the C Designation.
RECOMMENDATION:
Based on the above Findings of Fact and Conclusions of Law, the Planning and
Environmental Resources Department, Development Review Committee and the
Planning Commission recommends APPROV AL to the Board of County Commissioners
for the proposed Future Land Use Map amendment from Conservation (C) to Mixed
Use/Commercial (MC) for parcel 00117510.000200 and the neighboring parcel
(00117510.000100) from Residential Conservation (RC) to Conservation (C).
DRAFT PLANNING COMMISSION RESOLUTION #P -05
RESOLUTION NO. P -05
A RESOLUTION BY THE MONROE
COUNTY PLANNING COMMISSION
APPROVING THE REQUEST OF THE
MONROE COUNTY PLANNING
DEP ARTMENT TO AMEND THE
FUTURE LAND USE DESIGNA TION
FROM RC TO C FOR 00117510.000100
(LAND AUTHORITY) AND FROM C TO
Me FOR 00117510.000200 (EARTH AND
SEA) FOR PROPERTIES LOCATED AT
UPPER SUGAR LOAF KEY HA VING
REAL ESTATE NUMBERS
0017510.000100 AND 00117510.000200
AT APPROXIMATE MILE MARKER 19.
WHEREAS, the Planning Commission, during a regular meeting held on May
11, 2005, conducted a review and consideration of the request filed by the Development
Review Committee to recommend approval of the application to the Board of County
Commissioners to amend the Future Land Use Map from Residential Conservation to
Conservation for 00117510.000100 (Land Authority) and from Conservation to Mixed
Use/Commercial for 00117510.000200 (Earth and Sea); and
WHEREAS, the Development Review Committee, during a public meeting held
in Marathon on March 10, 2005, conducted a review of the request filed by the Planning
Department to amend the Future Land Use Map Designation from RC to C tor
00117510.000100 (LAND AUTHORITY) and from C to MC fOf 00117510.000200
(EARTH AND SEA) and fecommended approval of the application to the Planning
Commission; and
WHERAS, the Planning Commission further reviewed the application and made
the following Finding of Facts:
L 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 is predicated on item number iii of Section 9.5-511(d)(5)
which cites "data errors" as a viable reason to pursue a map amendment and
zoning change. Based on the close proximity of the year the neighboring parcel
was purchased by the Land Authority and the creation of the Future Land Use
Map as well as the historical use of the subject parcel; staff confidently believes
the FLUM Designation of Conservation was intended for the neighboring parcel
(001] 7510.000100).
3. The pre-1986 zoning of 00117510.000200 was General Use (GU) and Business
Use-2Q (BU-2Q). These designations are consistent with the established
commercial use of the property. The pre-1986 zoning of 00] 17510.000100 was
General Use (GU).
4. During the 1986 revisions to the Land Development Re!:,rulations and land use
designations, the land use (zoning) district of the 00] 17510.000200 was changed
from BU-2Q to Suburban Commercial (SC) and the land use (zoning) district of
the 0011 7510.000 I 00 was changed from GU to N ati ve Area (N A).
5. Section 9.5-206 of the Land Development Regulations indicate that the purpose
of the Suburban Commercial (SC) district is to establish areas for commercial
uses designed and intended primarily to serve the needs of the immediate
planning area in which they are located. Section 9.5-210 of the Land
Development Regulations indicates that the purpose of the Native Area (NA)
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. The current commercial/retaillresidentiallstorage uses of the 001l7510.000200
property dates back to the early 80's, as evidenced by Building Permit # 117510
issued to Tropical Marine Center, and is ret1ective of the previous zoning
categories of GU and BU-2Q. Based on the established use of the property, the
Suburban Commercial zoning designation is the most appropriate zoning
designation for the subject property.
7. The FLUM of the Monroe County Year 2010 Comprehensive Plan desi!:,'11ates
00117510.000200 as Conservation (C). The FLUM of the Monroe County Year
2010 Comprehensive Plan designates 00117510.000100 as Residential
Conservation (RC).
8. Policy 101.4.19 of the Monroe County Year 2010 Comprehensive Plan states that
the purpose of the Residential Conservation (RC) land use category is to
encourage preservation of open space and natural resources while providing for
very low-density residential development m areas characterized by a
predominance of undisturbed native vegetation. Policy 101.4.15 of the Monroe
County Year 2010 Comprehensive Plan states that the purpose of the
Conservation land use designation is to provide for publicly owned lands held
primarily for the preservation of natural and historic resources and compatible
passive recreational uses. Public uses consistent with the purpose of this
designation shall be allowed. This constrains potential renovation or expansion of
uses of parcel 00117510.000200, yet is consistent with the ownership and use of
the neighboring parcel 00117510.000100.
9. Subsequent to the adoption of the PLUM and Comprehensive Plan future
commercial and residential development in the Conservation (C) districts were
prohibited and any existing commercial and storage uses on the 00117510.000200
property became non-conforming.
10. Policy 105.1.4 of the Monroe County Year 2010 Comprehensive Plan states that
"Monroe County shall prepare redevelopment standards and amend the Land
Development RebTUlations to address the large number of non-conforming
commercial structures that are non-compliant as to on-site parking, construction
and shoreline setbacks, storm water management, landscaping and buffers. By
identifying the existing character and constraints of the different island
communities, regulations can be adopted that provide incentives for
redevelopment and permit the continuance of businesses while moving towards an
intef,rrated streetscape".
11. The Mixed Use/Commercial (MC) Future Land Use designation corresponds
with the land use zoning designation, Suburban Commercial (SC). The MC
Future Land Use designation is the most appropriate PLUM Designation for the
00117510.000200 property. Further, staff feels the parcel was intended to have
this MC designation and the 00117510.000100 parcel was intended to have the C
designation.
12. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing uses of residential/commerciallretail/storage
parallel the historical uses of the property. Further, the neighboring development
which has a SC land use designation and MC future land use designation contains
a mixture of uses very similar to the 00117510.000200 parcel.
WHEREAS, the Planning Commission made the following Conclusions of Law:
1. This map amendment meets the third (lii) criteria outlined in Section 9.5-511 of
the Monroe County Land Development Regulations and will not have a negative
impact or alter the character ofthe properties or the immediate vicinity.
2. The proposed map amendments are supported by and consistent with Policy
105.1.4 which will ultimately make the uses of the subject property
(00117510.000200) consistent with the land use and future land use classification
of permitted uses of the MC Designation and the adjacent property
(00117510.000100) consistent with the ownership and use of the C Designation.
BE IT RESOL YEn BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law
support the decision to APPROVE the request of the Planning Department and
Development Review Committee for the proposed Future Land Use Map amendment
from Conservation (C) to Mixed Use/Commercial (MC) for parcel 00117510.000200 and
the neighboring parcel (00117510.000100) from Residential Conservation (RC) to
Conservation (C) for properties locatcd at 25 66 27 SugarloafKey Part Government Lot 5
AKA lots 2 and 3 Block I, Sugarloaf Acres Section One, Sugarloaf Key, Florida.
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida, at a regular meeting held on the 11 th day of May, 2005.
Chair Lynn Mapes YES
Vice-Chair Denise Werling YES
Commissioner Jiulio Margalli YES
Commissioner James Cameron YES
Commissioner Randy Wall YES
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
BY:
Lynn Mapes, Chair
Signed this day of ,2005
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D -05
RESOLUTION NO. D -05
A RESOLUTION BY THE MONROE
COUNTY DEVELOPMENT REVIEW
COMMITTEE APPROVING THE
REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND
THE FUTURE LAND USE
DESIGNATION FROM RC TO C FOR
00117510.000100 (LAND AUTHORITY)
AND FROM C TO MC FOR
00117510.000200 (EARTH AND SEA)
FOR PROPERTIES LOCATED AT UPPER
SUGARLOAF KEY, APPROXIMATE
MILE MARKER 19.
WHEREAS, the Development Review Committee, during a regular meeting held
on March 10, 2005, conducted a review and consideration of the request filed by the
Planning Department to recommend approval of the application to the Planning
Commission to amend the Future Land Use Map Designation from RC to C tor
00117510.000100 (LAND AUTHORITY) and from C to MC for 00117510.000200
(EARTH AND SEA); and
WHEREAS, the Development Review Committee, reviewed the Staff Report
prepared by Heather Beckmann, Planner and Andrew Omar Trivette, Senior Biologist
dated February 25, 2005; and
WHERAS, the Development Review Committee made the following Finding of
Facts:
L Section 9.5-51l (d)(5) b. of the Monroe Cotmty 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 is predicated on item number iii of Section 9.5~511(d)(5)
which cites "data errors" as a viable reason to pursue a map an1endment and
zoning change. Based on the close proximity of the year the neighboring parcel
was purchased by the Land Authority and the creation of the Future Land Use
Map as well as the historical use of the subject parcel; staff confidently believes
the FLUM Designation of Conservation was intended for the neighboring parcel
(00117510.000100).
3. The pre-1986 zoning of 00117510.000200 was General Use (GU) and Business
Use-2Q (BU-2Q). These designations are consistent with the established
commercial use of the property. The pre-1986 zoning of 00117510.000100 was
General Use (GU).
4. During the 1986 revisions to the Land Development Regulations and land use
designations, the land use (zoning) district ofthe 00117510.000200 was changed
from BU-2Q to Suburban Commercial (SC) and the land use (zoning) district of
the 00117510.000100 was changed from GU to Native Area (NA).
5. Section 9.5-206 of the Land Development Regulations indicate that the purpose
of the Suburban Commercial (SC) district is to establish areas for commercial
uses designed and intended primarily to serve the needs of the immediate
planning area in which they are located. Section 9.5-210 of the Land
Development Regulations indicates that the purpose of the Native Area (NA)
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. The current commercial/retaillresidential/storage uses of the 00117510.000200
property dates back to the early 80's, as evidenced by Building Permit # 117510
issued to Tropical Marine Center, and is reflective of the previous zoning
categories of GU and BU-2Q. Based on the established use of the property, the
Suburban Commercial zoning designation is the most appropriate zoning
designation for the subject property.
7. The FLUM of the Monroe County Year 2010 Comprehensive Plan designates
00117510.000200 as Conservation (C). The FLUM of the Monroe County Year
2010 Comprehensive Plan designates 00117510.000100 as Residential
Conservation (RC).
8. Policy 101.4.19 of the Monroe County Year 2010 Comprehensive Plan states that
the purpose of the Residential Conservation (RC) land use category is to
encourage preservation of open space and natural resources while providing for
very low-density residential development 1I1 areas characterized by a
predominance of undisturbed native vegetation. Policy 101.4.15 of the Monroe
County Year 2010 Comprehensive Plan states that the purpose of the
Conservation land use designation is to provide for publicly owned lands held
primarily for the preservation of natural and historic resources and compatible
passive recreational uses. Public uses consistent with the purpose of this
designation shall be allowed. This constrains potential renovation or expansion of
uses of parcel 00117510.000200, yet is consistent with the ownership and use of
the neighboring parcel 00117510.000100.
9. Subsequent to the adoption of the FLUM and Comprehensive Plan future
commercial and residential development in the Conservation (C) districts were
prohibited and any existing commercial and storage uses on the 00117510.000200
property became non-conforming.
10. Policy 105.1.4 of the Monroe County Year 2010 Comprehensive Plan states that
"Monroe County shall prepare redevelopment standards and amend the Land
Development Regulations to address the large number of non-conforming
commercial structures that are non-compliant as to on-site parking, construction
and shoreline setbacks, stormwater management, landscaping and buffers. By
identifying the existing character and constraints of the different island
communities, regulations can be adopted that provide incentives for
redevelopment and permit the continuance of businesses while moving towards an
integrated streetscape".
11. The Mixed Use/Commercial (MC) Future Land Use designation corresponds
with the land use zoning desib1J1ation, Suburban Commercial (SC). The MC
Future Land Use designation is the most appropriate FLUM Desib1J1ation for the
00117510.000200 property. Further, staff feels the parcel was intended to have
this MC designation and the 00117510.000100 parcel was intended to have the C
designation.
12. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. The existing uses of residentiallcommerciallretaillstorage
parallel the historical uses of the property. Further, the neighboring development
which has a SC land use designation and MC future land use designation contains
a mixture of uses very similar to the 00117510.000200 parceL
WHEREAS, the Development Review Committee made the following
Conclusions of Law:
1. This map amendment meets the third (iii) criteria outlined in Section 9.5-511 of
the Monroe County Land Development Regulations and will not have a negative
impact or alter the character ofthe properties or the immediate vicinity.
2. The proposed map amendments are supported by and consistent with Policy
105.1.4 which will ultimately make the uses of the subject property
(00117510.000200) consistent with the land use and future land use classitlcation
of permi tted uses of the Me Designation and the adjacent property
(00117510.000100) consistent with the ownership and use of the C Designation.
BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and
Conclusions of Law support the decision to APPROVE the request of the Planning
Department for the proposed Future Land Use Map amendment from Conservation (C) to
Mixed Use/Commercial (MC) for parcel 00117510.000200 and the neighboring parcel
(00117510.000100) from Residential Conservation (RC) to Conservation (C) for
properties located at 25 66 27 Sugarloaf Key Part Government Lot 5 AKA lots 2 and 3
Block 1, Sugarloaf Acres Section One, Sugar10af Key, Florida having Real Estate
numbers 0017510.000100 and 00117510.000200
PASSED AND ADOPTED by the Development Review Committee of Monroe
County, Florida, at a regular meeting held on the 10th day of March, 2005.
Aref Joulani, Senior Administrator of DR and Design YES
Heather Beckmann, Planner YES
David Dacquisto, Island Planning Director YES
Department of Public Works (by FAX) YES
Department of Engineering (by FAX) YES
Department of Health (by FAX) YES
DEVELOPMENT REVIEW COMMITTEE
MONROE COUNTY, FLORIDA
BY:
Aref Joulani, Senior Administrator of Development Review and Design
Signed this day of ,2005