Item U2
BOARD OF COUNTY COlVIMISSIONERS
AGENDA ITEM SUMlVIARY
Meeting Date: July 20, 2005 Division: Growth Managemel1l
Bulk Item: Yes ~ No .~L Dep 11 rtme nt: _~J:!.!lnn i l.lgJ)~pJ:lrtll1.2ill
Staff Contact Person: K:-M'lIlf:m; Conawa}!
AGENDA ITEM WORDING: Public hearing on the request by R&S of Key \\/est, Inc. to alJlcnd the land
use district (zoning) map from Urban Residential Mobile Home (URM) to Mixed Use (MU).
ITEM BACKGROUND: R&S of Key West, Inc. is requesting an amendment to the land use designation
from Urban Residential Mobil Home (URM) to Mixed Use (MU) for the purpose of complying with the
Future Land Use Map to permit site improvements and potential redevelopment of the property. Because of
the location of the project this item was postponed until the July 20,2005, and re-advertised for the DOCe
meeting in Key West.
PREVIOUS REVELANT BOCC ACTION: In 1993 two lot5 (RE# 00124410.000000 and
00124400.00(000) were designated Mixed Use (MU) from Urban Residential Mobile Flome
(URM). Although not part of the applicant's request these lots are between the subject properties.
CONTRACT/AGRImMENT CHANGES: N/A
STAFF RECOMMENDA nONS: Approval
TOTAL COST: N/A BUDGETED: Yes NlA No ~--
---~~
COST TO COUNTY:J:iI,~~_
REVENUE PRODUCING: Yes NI A No .-. AMOUNT PER MONTH -~ Year
-
APPROVED BY: County Atty ~ OMBiPur..-hasing .....J'\A _~~ Risk Jlar&4nent j\;/;:1
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DIVISION DJRF<CTOR APPROV A t" '\ < ff-
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DOCUMENT A nON: Included ~mX_ Not Req u i redM"M~_____
DISPOSITION: --~^~.~~~- AGENDA lTElYt # ~-~-~
MONROE COUNTY LAND USE DISTRICT A1\lENDIVIENT
FROM URBAN RESIDENTIAL l\rlOBILE HOl\lE
TO l\rlIXED USE
R&S OF KEY WEST, INC.
BOARD OF COUNTY COMl\rlISSIONERS
KEY WEST
JUL Y 20, 2005
1\-10NROE COUNTY LAND USE DISTRICT AMENDMENT
FROlVt URBAN RESIDENTIAL l\rl0 BILE HOlVIE
TO IVIIXED USE
A REQUEST BY R&S OF KEY \VEST, INC., TO AlVIEND THE LAND USE
DISTRICT MAP
RECOMlVIENDA TIONS
Staff: Approval April 17, 2005 StatI Report
DRC: Approval April 18, 2005 Resolution #D -05
PC: Approval May I 1,2005 Resolution #P -05
DRAFT HOCC ORDINANCE
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONONERS APPROVING THE REQUEST OF R&S OF KEY
WEST, INC. FOR A LAND USE DESIGNATION AMENDMENT FROM
URBAN RESIDENTIAL MOBILE HOME (URM) TO MIXED USE (MU)
FOR THE PROPERTY KNOWN AS THE GOMEZ TRAILER PARK,
MALONEY SUBDIVISION, PB 1~55, lots 1,2,3,9,12,13-16, 19,20, SECTION
35, TOWNSHIP 67, RANGE 25, STOCK ISLAND, FLORIDA, HAVING
REAL ESTATE NUMBERS: 00124350.000000, 00124430.000000,
00124460.000000, 00124470.000000, AND 00124530.000000 AT
APPROXIMATE MILE MARKER 5; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
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 R&S
of Key West, Inc. to amend the zoning map from Urban Residential Mobile Home (URM) to Mixed
Use (MU) land use district for the property known as the Gomez Trailer Park. The property is
legally described as Maloney Subdivision, PB 1-55, lots 1,2,3,9,12,13-16, 19, 20, Section 35,
Township 67, Range 25, Stock Island, Florida, having real estate numbers: 00124350.000000,
00124430.000000, 00124460.000000, 00124470.000000, and 00124530.000000 at approximate
Mile Marker 5.; and
WHEREAS, based on the recommendation of the Development Review Committee, the
stafT recommended approval of the application to the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on May 11, 2005.
Based on the facts presented at the meeting, the Planning Commission recommended approval of
the rezoning as indicated in the Resolution PO -05; 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 recognizes a need for comprehensiveness in planning (Section 9.5-
511(d)(5)b.(v) of the Monroe County Code). The application was initiated by the applicant's
agent in order to rezone the subject property to a land use district that represents the historic use
of the property and corresponds with the Future Land Use Map designation.
3. Pre-I 986 zoning of the subject properties was Medium Commercial (BU-2F).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Urban Residential Mobile Home (URM) pursuant to Ordinance 33-
1986 dated Febmary 28, 1986.
5. Section 9.5-219 states that the purpose of the Mixed Use District (MU) is to establish or
conserve areas of mixed uses including commercial fishing, resorts, residential, institutional and
commercial uses, and preserve these areas representative of the character, economy and cultural
history of the Florida Keys.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shows that
areas around the Gomez Trailer Park received a Future Land Use Map (FLUM) designation of
Mixed Use Commercial (MC), not consistent with their current land use designation.
However, the proposed land use designation of Mixed Use (MU) would be consistent with the
FLU M designation.
7. Based on Policy 101.4.5 of the Comprehensive Plan, the principal purpose of the Mixed
Use/Commercial land use category is to provide for the establishment of commercial zoning
districts where various types of commercial retail and office uses may be permitted at intensities
which are consistent with the community character and the natural environment This land use
category is also intended to allow the establishment of mixed-use development patterns, where
appropriate.
8. The Mixed Use Commercial (Me) Future Land Use category corresponds with the proposed
Mixed Use (MU) land use district.
9. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
10. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development
11. The 2004 Public Facilities Capacity Assessment Report and the listed programs on
stormwatef and wastewater indicate that there are no significant concerns regarding impacts on
public facilities.
12. The proposed map amendment supports Goal 102 as it proposes no additional density or
intensity on the site. There will be no additional impact on environmentally sensitive lands.
13. The site is not located under the flight path of the Boca Chica Naval Air Station and not affected
by the current or proposed AICUZ Overlay.
14. Based on Chapter 380.031 of the Florida Statutes, the definition of "Development Permit"
includes zoning permit and rezoning. Therefore, a zoning change should support and implement
the Land Development Regulations.
15. Based on Chapters 163.3201 of the Florida Statutes, Land Development Regulations shall be in
compliance with and implement the adopted local Comprehensive Plan.
16. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
17. The community character of the neighborhood is primarily Mixed Use (MU) designated
properties. Some of the residential properties are Urban Residential Mobile Home with a
mixture of mobile homes and RV's. The Land Use Map designations for the surrounding area
include Natural Area (NA) adjoining on the South end of the property, MU to the East and
North, and MU and NA to West.
WHEREAS. the Board of County Commissioners made the following Conclusions of
Law:
1. The Monroe County Planning Commission recommendation of approval to the BOCC is based
on the consistency of the proposal with applicable Land Development Regulations and the
overall intent of the Comprehensive Plan.
2. The applicant has sufficiently proven that the requested map amendment would be consistent
with the overall intent of the Year 2010 Comprehensive Plan.
3. The proposed map amendment does meet the requirements outlined in Section 9.5-511 of the
Land Development Regulations and will not negatively impact and alter the character of the
surrounding community.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMl\llSSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Thc Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described properties shall be rezoned to Mixed Use (MU), which is
hereby incorporatcd by reference and attached as Exhibit I.
Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. This ordinance shall be filed in the OffIce of the Secretary of State of the State of
Florida, but shall not become effective until approved by the Department of Community Affi:llfs or
Administration Commission.
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 Tem Charles "Sonny" McCoy --
Commissioner Murray Nelson
Commissioner George Neugent ~~_,~c
Commissioner David Rice
~-~~--~~~
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY
^^~~~V,~__,____~~__~~~_~__,__
(SEAL)
MONROE COUNTY ATTORNEY
A TrEST: DANNY L. KOLHAGE, CLERK I ~ , APPflOVF~ T9 FA~i~
;f'!} Wfh~.5.--~^
_~~c~_~~~_M_~________~__M~~r~c~rc
DEPUTY CLERK
Proposed land Use District Map Amendment: Street Map
Key: Stock Island
Mile Marker: 5
Proposal: Change Land Use District from Urban Residential Mobile Home
District (URM) to Mixed Use Distrct (MU)<
Property Description: RE 00124350.000000, 00124430.000000,
00124460.000000,00124470.000000, and 00124530.000000
Map Amendment: M25069 Land Use District Map #: 476
Proposed Land Use District Map Amendment: Aerial
Key: Stock Island I
Mile Marker: 5
Proposal: Change Land Use District from Urban Residential Mobile Home
District (URM) to Mixed Use Distrct (MU).
Property Description: RE 00124350.000000,00124430.000000, 150
00124460.000000,00124470.000000, and 00124530.000000 I I
Feel
Map Amendment: M25069 Land Use District Map #: 476
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The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Key: Stock Island
Mile Marker: 5
Proposal: Change Land Use District from Urban Residential Mobile Home
District (URM) to Mixed Use Distrct (MU)
Property Description: RE 00124350,000000,00124430,000000,
00124460,000000,00124470,000000, and 00124530.000000
Map Amendment M25069 Land Use District Map #: 476
BOCC STAFF REPORT
~r[EMORANnUM
TO: Board of County Commissioners
FROM: K. Marlene Conaway, Director of Planning
RE: R&S of Key West, Inc.
Datc: May 12,2005
"~_____~~~._"~~_~~_c__~_~~~o~~~~_~_~.~_~~_~~.~~___~_~____~~___
MEETING DATE: July 20, 2005
EXISTING FUTURE LAND USE DESIGNATION: Mixed Use Commercial (MC)
EXISTING ZONING DESIGNATION: tJrban Residential Mobile-IIome (Ulzlvl)
PROPOSED ZONING DESIGNATIONS: Mixed Use (MU)
PROIlERTY OWNER: R&S of Key West, Inc
AGENT: Feldman Koenig & llighsmith
Represented by Timothy J. Koenig
PROPERTY INFORMATION
Kcy: Stock Island
Size: 57,500 Sq Llare Feet (1.3 Acres)
Mile Marker: MrvI5 of U.S. IJighway NO.1
Location Detail & Brief Description:
The property commonly knovm as the Gomez Trailer Park is located on Stock Island bet\veen Third
Street to the West and Second Stre(;~t to the East, East Laurel Avenue to the North and ivlacDonaId
Avenue to the South on Stock Island, Florida. I'he property has public roads on ail sides which
allow local traffic adequate access to US HWY I. 'rhe property is legally described as Maloney
Subdivision, PB 1-55, lots 1,2,3,9,12,13-16, 19,20, Section 35, To\vnship 67, Range 25, Stock
Island, Florida, having real estate numbers: 00124350.000000, 00124430.000000,
00124460.000000,00124470.000000, and 00124530.000000 at approximate Mile Marker 5.
Existing Use:
The property known as the Gomez Trailer Park contains a mixture of URM and :\tU lots; the
subject properties are URM exclusively, 'rhc parcels contain lots 7, 8, 10 and 1 1 vvhich are
designated MU and lots 1 through 6, 9, and lots 12 through 20 are designated as URM. The MU
boundary was extended to include lots 7, 8, 10 and 11 of Block 31 through a land use map
amendment approved via Board of County Commission Resol ution Number 783-1989, dated
December 13, 1989.
Along with the residential use, there are three (3) commercial structures having an NIZOCiO exempt
1100f area of 7,937 square feet as determined by the Staff's Letter of Understanding (LOU) dated
November 10, 2004.
. Lots 19 and 20, RE# 00124530.000000 have two (2) commercial structures with 5,183
square feet of commercial space.
. Lots 13-16, RE# 00124470.000000 has 2,754 square feet of commercial space in one (1)
structure used for commercial purposes.
The LOU also identified 19 residential units; however, at the time the pre-application 1I1eeting was
held on October 28, 2004 lots 1-3 of RE# 00124359.000000 were not included, I<-eview of the
property records cards indicates that there are possibly 11 residential units, giving a potential total
of 30 residential units. Since these units were not included at the pre-application meeting, lawful
establishment of the units can not be determined. IJe)\vever, since this is a rezoning and no
redevelopment is proposed by the applicant at this time Staff does not lee! that determination of
lawful establishment of these units is necessary If the applicant proposes redevelopment in the
future, lawful establishment will be required.
As stated by the LOU the earliest record of the property in use dates back to 1948 where a one story
structure adjacent to RE# 00124350.000000 was constructed and used a \varehouse. health
clinic, and a Cuban Refugee center. Although this structure sti!] possesses a commercial
component, a pOliion was converted into two (2) dwelling units.
The property has been in a state of evolution since that point \\lith many replacements of trailers
throughout the Park's history. The rezoning will allow the existing use to continue and will make
the parcels conforming to the FLUM which creates a potential for future development and
redevelopment of the site.
Existing Habitat:
The subject parcels are currently developed with little native vegetation.
The lots fall predominately within the AE 9 Hood zone per FIRM panel 1798.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
Sheet 15 ofrhe 1985 I::xisting Conditions Aerials show the habitat code to be 740, which indicates
that the site is disturbed.
Neighboring Land Uses and Character:
The Mixed Use/Commercial (Me) PLUM designation applies to most of the properties in the area.
The property's land use designation is in conflict with the FLUTvI and prevents them liom making
improvements to the property.
ZONING AND LAND USE HISTORY
Pre-1986 Zoning:
The pre~ 1986 zoning designates the property as Medium Commercial with a beer and wine
designation (BU2F). The BU2 District is intended to provide areas suitably situated for centers of
commercial activity, area retail sales, sale of fuels, rnechanical services, wholesaling, warehousing
and storage; the "F" designation delineates the use of beer and wine.
Considerations During the 1986 Comprehensive Plan Process:
In September 1986, when the Comprehensive Plan came into effect and the subject properties, as
well as properties in the surrounding area were designated either Urban IZesidentialMobile I-Iome
District (URM) or Mixed Use UvfU) (Ordinance # 33-1986 datedFeb 28, 1(86); the subject
property was designated Urban Residential Mobile Home District (URM). This designation
continued unchanged until ]993 when t\-vo lots (RE# 00124410.000000 and 00]24400.000000)
were designated Mixed Use (MU). Although not part of the applicant's request these lots are
between the subject properties.
The URIvl designation provides an environment of residential character, designed to enhance living
conditions and permitting only those uses, activities, and services which were compatible with the
surrounding residential environment
Considerations During the 2010 Comprehensive Plan Process:
During the 2010 Comprehensive Plan process, the Future Land Use MAP (FLUM) categories were
introduced. The FL,{JM designation for the area was, and remains Mixed Use Commercial (MC)
which does not support the residential nature of URM zoning, Therefore the applicant is requesting
to change the land use district to Mixed Use (MU) which will comply with the (MC) FLtJJvL
Changes to Boundary Considerations Since 1986:
No recorded boundary changes were found for the subject properties.
ANAL YSIS AND RATIONA..LE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b):
ChangedPro.jections or Assumptions: None.
Data Errors: None.
New Issues: None.
Recognition of a Need for Additional Detail or Comprehensiveness:
Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that Monroe County
shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions
of the Land Development Regulations and the Future Land Use map.
In this map amendment, assumption is made that because the 17LUIVI corresponds \?\Iith the existing
use of the property, there is a need to bring the Land Use District I\flap designation into conformity
with the FLUIvL
Based on Chapter 163.3177(6)(a) of the Florida Statutes, Future Land Use Map illustrates the
proposed distribution, location, and extent of various categories of land uses a finure land use
plan. The future land use plan is just one of the several elements of Comprehensive Plan. It
designates proposed future general distribution, location, and extent of the uses of land for different
type of uses.
IMP ACT AND POLICY ANALYSIS
Comparison of Development Potential for the Current nnd PI'oposed Land Uses:
1. Current Land Development Regulations (LDR's)
Section 9.5-205 states that the purpose of the Urban Residential Mobile IIorne District (URM) is
to establish mobile home parks and subdivisions, but not to create new such areas. and to provide
such areas to serve as a reservoir of affordable and moderate-cost housing in Monroe County.
Uses permitted as-olright include:
. Mobile homes;
. Detached residential dwellings;
. Recreational vehicles as provided inF.S., ch. 513;
. Home occupations -- Special use permit required;
. Accessory uses;
. Tourist housing uses, including vacation rental uses, are prohibited except in gated communities
which have (a) controlled access and (b) a homeowner's or propeJiy oyvner's association that
expressly regulates or manages vacation rental uses;
. Collocations on existing antenna-suPPoliing structures, pursuant to article VII, division 16, section
9.5-434.5(c) "Collocations on an existing antenna-supporting structure";
. Satellite earth stations less than two (2) meters in diameter, as accessory uses, pursuant VII, division
16 9.5-434.5(f) "Satellite earth stations";
. Waste\vater nutrient reduction clus(Cr systems that serve less th(U) ten (10) residences.
Uses pennitted as minor condifional uses include:
. Replacement of an existing antenna-supporting structure pursuant to article VII, division 16, section
9.5-434.5(b) "Replacement of an existing antenna-supponing structure";
. Stealth wireless communications f~tcilities, as accessory uses, pursuant to mtide VII, division 16,
section 9.5-434.5(e) "Stealth wireless communications facilities";
. Satellite earth stations greater than or equal to two (2) meters in diameter, as accessory uses, pursuam
to mticle VII, division 16, section 95-434.5(f) "Satellite earth stations."
Uses permitted as mqjor conditional uses include:
. Marinas;
. Commercial retail of lo\v- and mediunl-intensity and office uses or c0111bination thereof
of less than twenty-five hundred (2,500) square feet of noor area;
. Parks and community parks;
. Land use overlays A, E, PF, subject to provisions of section 9.5-257.
2. Potential Land Uses With Propo5,ed iv/up Amendment
Section 9.5-219 states that the purpose of the Mixed Use District (iVIU) is to establish or conserve
areas of mixed uses, including commercial fishing ,resorts, residential, institutional and commerci al
uses, and preserve these areas representative of the character, economy and cultural history of the
Florida Keys.
Uses permitted as-qlright include:
. Detached residential dwellings;
. Commercial retail, low- and medium-intensity and office uses, or any combination thereof
of less than twenty-five hundred (2,500) square feet of fJoor area;
. Institutional residential uses, involving less than ten (l0) dwelling units or rooms;
. Commercial apartments involving less than six (6) dwelling units, but, tourist housing use,
including vacation rental use, of commercial apartmems is prohibitecl;
. Commercial recreational uses;
. I-lome occupations--Special use permit required;
. Community parks;
. Accessory uses;
. Vacation rental use of detached dwelling units is permitted if a speci al vacation rental permit
is obtained under the regulations established in Code section 9.5-534:
. Replacement of an existing antenna-supporting structure pursuant to article VII, division 16,
section 434.5(b) "Replacement of an existing antenna-supporting structure";
. Collocations on existing antenna-supporting structures, pllrsuant to article VII, divi sion 16,
section 9.5-434.5(cJ "Collocations on an existing antenna-supporting structure";
. Attached wireless communications facilities, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5(d) "Attached wireless communications facilities";
. Stealth wireless communications facilities, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5(e) "Stealth wireless communications facilities";
. Satellite earth stations less than two (2) l11.eters in diameter, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5(1) "Satellite earth stations":
. Attached and unattached residential dwellings involving less than six (6) units, designated as
employee housing as provided for in section 9.5-266;
. Wastewater nutrient reduction cluster sy'stems that serve less than ten (10) residences.
Uses penl1itted as minor conditional uses inch..lde:
. Attached residential dwelling units;
. Commercial recreational uses;
. Commercial retaiL low- ancllneclium-intensity and offlce uses or cornbination of
greater than twenty-five hundred (2,500) btlt less than ten thousand (l0,000) square ['eet of
Hoor area;
. Commercial retail, high-intensity uses, and office uses or any combination thereof of less
than twenty-five hundred (2,500) square t'eet of noor area;
. Commercial apartments involving six (6) to eighteen (18) chveIling units;
. Institutional residential uses involving ten (10) or more dwelling units or rooms;
. Hotels of fewer than fitly (50) rooms;
. Campgrounds;
. Light industrial uses, provided that;
. Parks and community parks:
. Satellite earth stations greater than or equal to two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 16, section 9,5-434.5(t) "Satellite earth stations";
. Attached and unattached residential dwellings involving six (6) to eighteen (18) units,
designated as employee housing as provided for in section 9.5-266.
Uses permitted as m~~or conditional uses include:
. Commercial retail, low- and medium-intensity uses, and oflice uses or any combination
thereof of greater than ten thousand (10,000) square feet in 11001' area;
. Commercial retail, high-intensity uses, and office uses or any combination thereof of greater
than twenty-five hundred (2,500) square feet in noor area;
. Attached. residential chvelling units;
. Marinas;
. Hotels providing fifty (50) or more rooms;
. Heliports or seaplane ports;
. Light industrial uses;
. Boat building or repair in conjunction with a marina or commercial fishing use;
. Mariculture;
. New antenna-supporting structures, pursuant 10 article VII, division 16, section 9.5-434.5(a)
"New antenna-supporting structures";
. Land use overlays A, E, PF, subject to provisions of section 9.5-257;
. Attached and unattached residential dvvellings involving more than eighteen (18) units,
designated as employee housing as provided for in section 9.5-266;
. \Vastewater treatment facilities and wastewater treatll1Cn t coil eeLion } serving (a)
use(s) located in any land use district.
The FLUM Category that corresponds with the Mixed Use district is Mixed Use/Commercial (MC).
Compatibility 'Vith Adjacent Land Uses and Effects on Community Charadel':
Section 9.5-511 prohibits any map amendments that wOLlld negatively impact community character.
The community character of the neighborhood is mixed use with residential with and commercial.
The map amendment will not have a negative impact on the community character.
Density and Intensity
The subject property is 1.3 acres (57,500 sq. ft.) in size. Staff has determined that there are 19
legally established dwelling units and 7,937 square feet of lawful commercial floor area. The
applicant has submitted with this application the addition of RE# 00124350.000000 in which the
lawful establishment of dwelling units have not been determined; however there are 11 units on site.
The maximum number of dwelling units (DU) permitted in the Mixed Use eMU) District is as
follows:
Section 9.5-262
I LAND USE DISTRICT ~'~"~"~~""~~""'____________________.'._.__m'_"___'_"________~________~__._____________._____.,
: Allocated Density : Maximum net Density i
i i (DU/Acre) i DIJlBuifdable Area
-~~
i I
Mixed Use (MU) ] ! 12 !
~-~~~ ___+-"~_"~~"~~~~~._~_____~~.~~~~~~~~r~~~~~~~~~~
Affordable housing 1 ! 18 '
.~_._m____----;-~__"__m___.____ !
Employee housing ,_____.LL_______ ' 18 i
_~~~T~~~ccr~__~~~_~_~~~_~_~__________~____________~_.~
However, pursuant to Section 9.5-269 lawfully established dvvelling units will be carried forward
and applied to the redevelopment which may allow a higher density than indicated in the table
above.
The applicant is not proposing any change to the existing number of chvelling units or commercial
noor area in the application.
AICUZ Overlay
L Section 9.5-260 identifies the flight path of the nearby I30ca Chica Naval /\ir Station
and states that privately O\vned properties adjacent to the Naval /\ir Station, Boca
Chica, also known as NAS Key West, shall be developed in accordance with the map
prepared by the US Navy or as updated by U.S. was prepared in
conjunction with the United States Ajr InstalL:tion Cornparlble Use Zone Study
(AleUT The subject property is not within the existing or proposed AICUZ and Is
.. . ' ~ .-).
therefore not affected by the restrictions of Section 9.5-260.
Use Compatibility
The residential and commercial use ofthe property is consistent with the surrounding area.
Effects on Natural Resources:
Based on the current level of development on these parcels staff believes there be no increased
negative impact on the areas natural resources.
Effects on Public Facilities: Objective 101.11 of the 2010 Plan requires the County to direct future
growth awav from environmentally sensitive land and to\vards developn1cnt areas
. '
served by existing public facilities. ~n1e proposed \viUnot affect Objective 101. i 1.
Local Traffic and Parking
The proposed rezoning '/vi11 have no impact on the existing conditions. I~oads are already in place
and have been well maintained.
Traffic Circulation
As an existing development with no proposed changes there will not be any impacts to traffic
circulation.
Solid Waste
As an existing development with no proposed changes there will not be any impact to solid vvaste.
Potable Water
The Florida Keys Aqueduct Authority's existing consumptive use permit authorizes the withdrawal
of sufficient quantities to meet the demand anticipated for 2001.1\I10nroe County's Public Facilities
Capacity Assessment indicates that there are over lOO gallons of water avai lable person per day.
The 100 gallons per person per day standard is commonly accepted as appropriate and is rdlected
in Policy 70 1 ~ 1 < 1 of the Year 2010 Comprehensive.
Storm water
No increase in stornnvater runoff will result h0111 this zoning change. Section 9,5-293 of the Leand
Development Regulations requires that all developments retain storm water on site following [)est
Management Practices (BMP's).
Effects on Redevelopment/lnfilI Potentia);
According to the applicant the rezoning is necessary to bring the property into cmnpliance and
permit future development and redevelopment of the property; for example, in the case of damage
or destruction of the property after a disaster.
FINDINGS OF FACT
1. Section 9.5-5Il(d)(5)b of the Monroe County Code (!VICC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions,
2. This map amendment recognizes a need fc>r comprehensiveness in planning (Section 9.5-
511(d)(5) b.(v) of the MCC). The application was initiated by the applicant's agent in order to
rezone the subject property to a land use district that represents the historic use of the property
and corresponds with the FLU!VI designation.
^' Pre-1986 zoning of the subject property was Medium Commercial (RUlF), TheBU2 District
j.
was intended to provide areas suitably situated for centers of commercial activity, area retail
sales, sale of fuels, mechanical services, wholesaling, warehousing and storage; the "F"
designation delineates the use of beer and wine,
4. During the 1986 Comprehensive Plan process, the land use (zoning) district designation of the
subject property was changed to Urban Residential Mobile Home.
5. Section 9.5-205 states that the pm'pose of the Urban Residential Mobile Home District
(URM) is to establish mobi Ie home parks and subdivisions, but not to create new such areas,
and to provide such areas to serve as a reservoir of aflj)rclabJe and moderate-cost housing in
Monroe County.
6. The Future Land Use Map of the Monroe County Year 20 I 0 Comprehensive Plan sl1mvs that
areas around the subject property were zoned a mix of Urban Residential IVlobile Home and
Mixed Use; the area received a FLUM designation of Mixed Use/Commercial (iVlC).
7. Based on l>olicy 101.4.5 of the Comprehensive Plan, the principal purpose of the Mixed
Use/Commercial land use category is to provide J~)r the establishment of commercial zoning
districts where various types of commercial retail and office uses may be permitted at intensities
which are consistent with the community character and the natural environment ]'hi3 land use
category is also intended to aHow the establishment of mixed-use development patterns, \vhere
appropriate.
8. The Mixed Use/Commercial (MC) FLUM category corresponds with the requested tvlixed Use
designation.
9. Based on the documented evidences there are 19 Dwelling Units and 7,937 square feet of lawful
commercial [loor area. There are potentially 1 I more I)vvelling Units for RE#
00124350.000000.
10. Objective 101.11 of Cornprehensive Plan states that fv10nroc County shaH 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 sLlch
development.
11. The 2004 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicate that there are no significant concerns regarding impacts on
public facilities.
12. Goal 102 of the 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. Ihe proposed map amendment proposes no
additional density or intensity on the site and no expansion of the development into the
environmentally sensitive lands.
13. The site is not affected by existing or proposed AleL1Z (}vcday
14. Based on Chapter 380.031 of the Florida Statues, the definition of "Development Permit"
includes zoning permit and rezoning. Therefore. a zoning change should support and implement
the Land Development Regulations.
15. Based on Chapters 163.3201 and 163.3201 of the Florida Statues, Land development
regulations shalI be in compliance with and implement the adopted local Comprehensive Plan.
16. Based on Chapter 163.3213 2 (b) "Land development regulation" means an ordinance enacted
by a local governing body for the regulation of any aspect of development, including a
subdivision, building construction, landscaping, tree protection, or sign regulation or any other
regulation concerning the development of land. This term shall include a general zoning code,
but shall not include a zoning map, an action which results in zoning or rezoning of
land.. ..
17. Based on Chapter 163.3177(6)(a) of the Florida Statutes, Future Land Use ivlap illustrate the
proposed distribution, location, and extent of various categories of land use in a future land use
plan. The Future land use plan is just one of the several elements of comprehensive plan. It
designates proposed future general distribution, location, and extent of the uses land for
different type of uses.
18. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
19. The community character of the neighborhood is mixed use. 'rhere is a lnix of residential and
commercial uses in the area with corresponding Land Use Districts of Mixed Use lMIJ) and
Urban Residential Mobile Home (URM).
CONCLUSIONS OF LA \V
1. The Future Land Use Map is just one of the elements of the Year 10 Plan
which sho\vs only the proposed future general distribution, location, and extent of the uses of
land for different type of uses.
2. Determination of granting a development permit (i ncIuding n:zoni ng) IS based on the
consistency of the proposal with applicable Land Development Regulations and the overall
intent of the Comprehensive Plan.
^' The site is not located in either the adopted or proposed AICUZ IDap which represents accident
J.
potentials and modest noise from the air traffic of the Naval Air Slation in Boca Chica.
4. Based on the Finding of Facts presented, the proposed land use designation is appropriate for
this property. In the process of determining appropriate land use designations for the the
Findings of Fact and Conclusions of Law shall be used to guide the Staff.
RECOMMENDATION
Based on the Findings of Fact and Conclusions of Law, the Staff and the Planning Commission
recommends APPROVAL to the Board of County Commissioners of the proposed Official Land
Use District Map amendment hom Urban Residential Mobile I-Iome District (URM) to rVlixed Use
(MU).
DRAFT PLANNING COMMISSION RESOLUTION # P -05
RESOLUTION NO. P-05
A RESOLUTION BY TIlE MONROE COUN'fY PLANNING
COMMISSION APPROVING 'fIlE IZEQUESr BY R&S OF KEY WFSL
INC. FOR A LAND USE DESIGNATION AMENDl'vlEN'I' FlzOM tJRBJ\N
RESEDENTIAL MOBILE HOME (URM) 'ro I'vlIXED USE (Iv1U)
--, ~~~-
\VHEREAS, the Monroe County Planning Commission, during a regular meeting held on
May 11, 2005, conducted a review and consideration of the request filed by R&S of Key West, Inc.
to amend the zoning map from Urban Residential Mobile Home (URM) to Mixed Use (l\!HJ) land
use district for the property known as the Gomez Trailer Park The subject property is located at
Stock Island, in Section 35, Township 67, and Range 25,Monroe Couln)', Florida, having the Ileal
Estate identification numbers 00124350.000000. 00124430,000000, 00124460,000000,
00124470.000000, and 00124530.000000; and
\VUEREAS, based 011 the recommendation of the Development Review C0111minee, the
staff recommended approval of the app lication to the Planning Commission; and
WHEREAS, after further review of the application and consideration of hicts, the staff
recommended approval as indicated in the Staff Report dated April 17, 2005: and
18, Section 9.5-51l(d)(5)h of the l'vlonroe County Land Development Regulations aJlo\cvs the Board
of County Comrnissioners to consider adopting an ordinance to enact map changes under six
listed conditions.
19. This map amendment recognizes a need for comprehensiveness in planning (Section 9.5-
51 Hd)(5)b.(v) of the l'vlonroe County Code). '1'he application was initiated by the applicant's
agent in order to rezone the subject property to a land use district that represents the historic use
of the property and corresponds with the Future Land Use Map designation.
20. Pre-1986 zoning of the subject properties was Medium Commercial (BU-2F).
21. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Urban Residential Mobile Home (U]{M) pursuant to Ordinance 33-
1986 dated February 28, 1986.
22. Section 9.5-219 states that the purpose of the Mixed Use District is to establish or
conserve areas of mixed uses including commercial fishing, resorts, residential, institutional and
commercial uses, and preserve these areas representative of the character, economy and cultural
history of the Florida Keys.
23. The Future Land Use Map of the [1/10nroe County Year 2010 C'olnprehensive Plan shows that
areas around the Gomez 'frailer Park received a Future Land Use !'vIap CFLlJM) designation of
Mixed Use Commercial (Me), not consistent with their current land use designation.
However, the proposed land used designation of Mixed Use (MU) would be consistent with the
FLUM designation.
24. Based on Policy 101.4.5 of the Comprehensive Plan, the principal purpose of the Mixed
Use/Commercial land use category is to provide for the establishment of commercial zoning
districts where various types of commercial retail and office uses may be permitted at intensities
which are consistent with the community character and the natural environment. This land use
category is also intended to allow the establishment of rnixed-use patterns, \Nhere
appropriate.
25. The Mixed Use Commercial (MC) Future Land Use category corresponds with the proposed
Mixed Use (MU) land use district.
26. Section 9.5-S11 prohibits any map amendments that would negatively impact comnmnity
character.
27. Objective 101.11 states that Monroe County shall ensure that at the time a developn1ent 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
28. The 2004 Public Facilities Capacity Assessmcnt Rcport and the listed programs on
stormwater and wastewater indicate that there arc no significant concerns regarding impacts on
publichtcilities.
29. The proposed map amendment supports Goal 102 as it proposes no additional density or
intensity on the site. There will be no additional impact on environmentally sensitive lands.
30. The site is not located under the flight path of the Boca Chica Naval Air Station and not affected
by the current or proposed AICUZ Overlay.
31. Based on Chapter 380.031 of the Florida Statutes, the definition of "Development Pennit"
includes zoning permit and rezoning. Therefi)re, a zoning change should support and implement
the Land Development Regulations.
32. Based on Chapters 163.3201 and 163.3201 of the Florida Statutes, Land Development
Regulations shall be in compliance with and implement the adopted local Comprehensive Plan.
33. Section 9.S~511 prohibits any map amendments that \vould negativeIy impact community
character.
34. The community character of the neighborhood is primarily Mixed Use (IvIll) designated
properties. Some of the residential properties are Urban Residential Mobile Home with a
mixture of mobile homes and IZV's. 'rhe Land Use Map designations for the surrounding area
include Natural Area (NA) adjoining on the South end of the property, rvll) to the East and
North, and MU and NA to West.
WHEREAS, the Planning Commission made the following Conclusions of Law:
1. The Future Land Use Iv'Iap is just one of the dements of the'{ ear 201 0 Comprehensive Plan
which shows only the proposed future general distribution, location, and extent of the uses of
land for different type of uses.
2. Rezoning of a property on the basis of corresponding the Fmure Land Map of the
Comprehensive Plan is not vvarranted.
3. The proposed map amendment meets the requirements outlined in Section 9.5-511 (d)(5)b,(v)
and Section 9.5-219 of the Monroe County Land Development Regulations and will not
negatively impact or alter the character of the subject property or the neighborhood.
4. The proposed map amendment supports Objective 101,11 of the Monroe County Year 20 I 0
Comprehensive Plan based on the findings of the 2004 Public Facilities Capacity Assessment
Report and the listed programs on stonnwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
5, There are no additional impacts on environmentally sensitive lands as a result of the proposed
map amendmenL
6, The applicant has sufficiently proven that the requested map amendment 'vvould be consistent
with the overall intent of the Year 2010 Comprehensive Plan.
7. The proposed map amendment does meet the requirements outlined in Section 9.5-51] of the
Land Development Regulations and will not negatively impact and alter the character of the
surrounding community.
8. The site is not located in the adopted or proposed AICUZ Overlay.
NOW THEREFORE, BE IT RESOLVED BY THE PLANING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law
support the decision to APPROVE the request ofR&S of Key West, Inc., for a land Llse designation
amendment from Urban Residential Mobile I-lome (URM) to Mixed Use eMU) of property described
as Maloney Subdivision, PB 1-55 Section 35, Township 67, Range 25, Stock Island, Monroe
County, Florida, Mile Marker 5.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular
meeting held on the I lih day ofTvlay, 2005,
Chair Mapes YES
~
Vice-Chair Werling YES
~,~ --,
Commissioner Margolli YES
~~~~~~~ -~~--~
Commissioner Cameron YES
~--"'~~ -~~~
Commissioner Wall - YES
~-
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
BY
_~_~c~~c~~~~_^^~"~"'~"__~_~~___'oo"~"~'~ ,~'c,_~____~____
Lynn p,/Iapes, Chair
Signed this day of ,2005
DEVEl",OPMENT REVIEW COMMITTEE RESOLUTION #D -OS
RESOLUTION NO. D-05
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROV AL TO THE PLANNING COMMISSION OF THE
REQUEST BY R&S OF KEY WEST, INC. TO AI'vJEND TIlE
LAND USE DISTRICT (ZONING) l'vtAP FROIvIURBAN
RESEDENTIAL MOBILE 1-10IvIE (URM) TO MIXED USE
(MU) FOR THE PROPERTY DESCRIBED AS PART 01'-
MALONEY SUBDIVISION PBI-55, lots 1,2,3,9,12,13-16, 19,
20, SECflON 'l~ TOWNSIIIP 67, RANGE ')~ S'rOCK
.J)., ...),
ISLAND, FLORID/\., HA VING RE/\LE~ST/\TE NUMBERS:
00124350.000000, 00124430.000000, 00124460.000000,
00124470.000000, AND 00124530.000000 AT APPROXIMA'TE
MILE MARKER 5, MONROE COUNTY, FLORIDA.
_"__~~~~L~_~~__~~~~~~-~-
\VHEREAS, the Monroe County Development IZcvievv Committee, during a regular
meeting held on March 24, 2005, conducted a review and consideration of the request filed by 1~&S
of Key West, Inc. to amend the zoning map from Urban Residential Mobile Home CURM) to Mixed
Use (MU) land use district for the property known as the Gomez Trailer Parle The subject property
is legally described as, PH ]-55, lots 1.2,),9,12.13-16, 19, 20, SECTION 35,rOWNSH1P 67, RANGE
STOCK ISLAND, FLORlDA, HAV]NG REAL ESTATE NUMBERS: 00124350.000000, 00124430.000000,
00124460.000000,00124470,000000, AND 00124530,000000 AT APPROXIMA'fE M1LE MARKER 5; and
WHEREAS, the Development Review Committee examined the following information:
1. The application from R&S of Key West, Inc. to change the Land Use l)istrict
(zoning) map from Urban Residential Mobile llome (UI<-M) to [vIixed Use (MU); and
2. The staff report prepared by Tom Williams, Senior Planner and Andrew Trivette,
Senior Biologist, April 1 , 2005; and
WHEREAS, the Development R_cview Committee made the following Findings of Fact:
'1 Section 9.5-511(d)(S)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.
4, This map amendment recognizes a need for comprehensiveness in planning (Section 9.5-
511 (d)( 5)b. (v) of the Monroe County Code). The application was initiated by the applicant's
agent in order to rezone the subject property to a land use district that represents the historic use
of the property and corresponds 'vvith the Future Land Useivlap designation>
5, Pre-1986 zoning of the subject properties was Mcdiu m Commercial (BO -2F).
6. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to lJrban IlesidcntialMobilc Home (UIlM) pursuant to Ordinance 33-
1986 dated February 28, 1986,
"7 Section 9.5-219 states that the purpose of the Mixed Use District is to estabLish or
i.
conserve areas of mixed uses, induding commercial fishing ,resorts, residentia.l,
and commercial uses, and preserve these areas representative the character, economy and
cultural history of the Florida Keys.
8. The Future Land Use Map of the Monroe County Year 2010 Comprehensi ve Plan shows that
areas around the Gomez 'Trailer Park received a Future Land Use Map (FLUM) designation of
Mixed Use Commercial (Me), not consistent with their current land use designation.
However, the proposed land used designation of Mixed IJse (tvfU) would be consistent \vith the
FLUM designation.
9. Based on Policy 101.4.5 of the Comprehensive Plan, the principal purpose of the Mixed
Use/Commercial land use category is to provide for the establishment of commercial zoning
districts where various types of commercial retail and office uses may be permitted at intensities
which are consistent with the community character and the natural environment. This land use
category is also intended to allow the establishment of mixed-use development patterns, where
appropnate.
10. The Mixed Use Commercial (IvtC) Futtlre Land Use category corresponds \vith the proposed
Mixed Use (MU) land use district
11. Section 9.5-511 prohibits any map amendments that would negatively impact cmnmunity
character.
12. Objective 101.11 states that Monroe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the developmem at the adopted level of
service standards concurrent with the impacts of such development.
13. The 2004 Public Facilities Capacity Assessment Report and the listed programs on
storm water and wastewater indicate that there are no significant concerns regarding impacts on
public facilities.
14. The proposed map amendment supports Goal 102 as it proposes no additional density or
intensity on the site, There vviH be no additional impact on environmentally sensitive lands,
15. The site is not located under the t1ight path of the Boca Chica Naval Air Station and not affected
by the current or proposed AICUZ Overlay.
16. WHEREAS, the Developmem H.eview Committee lnade following Conclusions of LR\Y:
17. The proposed map amendment meets the requirements outlined in Section 9.5-511 (d)(5)b.(v)
and Section 9.5-219 of the Monroe County Land Development Regulations and will not
negatively impact or alter the character of the subject property or the neighborhood,
18. The proposed map amendm.ent supports Objective IOLll of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2004 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities,
19, There are no additional impacts on environmentally sensitive lands as a result of the proposed
map amendment
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIE\V
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the
Monroe County Planning Commission of the request filed by R&S of Key West, 1nc. to amend
zoning map from Urban Residential Mobile Home (LJRM) 10 Mixed Use land use elistr] ct for
the property known as the Gomez Trailer Park. 'The subject property is located at Stock Island, in
Section 35, Township 67, and Range 25, Monroe County, Florida, having the Real Estate
identification numbers 00124350.000000. 00124430.000000, 00124460.000000, 00124470.000000,
and 00124530.000000.
PASSED AND ADOPTFJ) by the Development Review Committee of Monroe County,
Florida, at a regular meeting held on the 24th of March, 2005.
Aref Joulani, DRC Chair YES
Andrew Trivette, Senior Biologist YES
Tom Williams, Senior Planner YES
Department of Public Works (by FAX) YES
Department of Engineering (by FAX) YES
Department of Health (by FAX) YES
DEVELOPMENT H.EV1EW COMMITTEE OF MONROE COLJNT'Y
BY -~~-
Aref Joulani, DRC Chair
Signed thisw_______n day of ._.__~~~~~c~~~~~^~"~"____~_~~cc c_.___~ ,2005,