Item S3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 15,2006
Division:
Growth Management
Bulk Item: Yes
No~
Department:
Planning and Environmental Resources
Statf Contact Person: Aref J oulani
AGENDA ITEM WORDING:
Public hearing to consider a DCA transmittal resolution to amend the Future land Use Map from Mixed
Use/Commercial (MC) to Residential High (RH) and to consider the request by Zacharias Frederick 1.
Trustee, to amend the Future land Use Map from Mixed Use/Commercial (MC) to Residential High (RH)
and to amend the Land Use District (Zoning) Map from Sub Urban Commercial (SC) to Urban Residential
(UR), Re # 00468473.019200.
ITEM BACKGROUND:
Zacharias Frederick 1. Trustee is requesting an amendment to the Future Land Use Map from Mixed
Use/Commercial (MC) to Residential High (RH) and an amendment to the Land Use District (Zoning) Map
from Sub Urban Commercial (SC) to Urban Residential (UR) to allow increased opportunity for residential
development of the property.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT! AGREEMENT CHANGES: N/ A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: NIA
COST TO COUNTY: N/A
BUIlGETED: Yes
SOURCE OF FUNDS:
No
REVENUE PRODUCING: N/A
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
Norman, Acting Division Director
DOCUMENT A TION:
Incl uded X
Not Required ______
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN AMENDMENT
FUTURE LAND USE MAP AMENDMENT FROM
MIXED USE/COMMERCIAL (Me)
TO RESIDENTIAL BlOB (RH)
AND
LAND USE DlSTRICT (ZONINO) MAP
AMENDMENT FROM
SUB URBAN COMMERCIAL (SC)
TO URBAN RESIDENTIAL (UR)
BOARD OF COUNTY COMMISSIONERS
KEY LAROO
FEBRUARY l5. 2006
PROPOSED FUTURE LAND USE MAP AMENDMENT
MIXED USE/COMMERCIAL (MC)
TO RESIDENTIAL HIGH (RH)
AND
PROPOSED LAND USE DISTRICT (ZONING) MAP AMENDMENT
SUB URBAN COMMERCIAL (SC)
TO URBAN RESIDENTIAL (UR)
A REQUEST BY ZACHARIAS FREDERICK J. TRUSTEE TO AMEND THE
FUTURE LAND USE MAP FROM MIXED USE/COMMERCIAL (MC) TO
RESIDENTIAL HIGH (RH) AND TO AMEND THE LAND USE DISTRICT
(ZONING) MAP FROM SUB URBAN COMMERCIAL (SC) TO URBAN
RESIDENTIAL (UR) FOR PROPERTY LOCATED ON KEY LARGO AND
FURTHER DESCRIBED AS TRACT A, CROSS KEY WATERWAYS ESTATES,
SECTION 3, KEY LARGO, MONROE COUNTY, FLORIDA, RE # 00468473.019200.
RECOMMENDA TlONS
DRC:
PC:
December 19, 2006
January 25, 2006
Resolution # D 24-05
Resolutions # P 02-06 & P 03-06
Baec TRANSMITTAL RESOLUTION
RESOLUTION NO.
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF COMMUNITY
AFFAIRS THE REQUEST FILED BY ZACHARIAS FREDERICK 1. TRUSTEE TO
AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN FUTURE
LAND USE MAP FROM MIXED USE/COMMERCIAL (MC) TO RESIDENTIAL
HIGH (RH) FOR PROPERTY DESCRIBED AS TRACT A, CROSS KEY
WATERWA YS ESTATES, SECTION 3, KEY LARGO, MONROE COUNTY,
FLORIDA. THE PROPERTY IS LOCATED AT APPROXIMATE MILE MARKER
103, RE # 00468473.019200.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing on February 15, 2006 for the purpose of considering the transmittal to the Florida
Department of Community Atfairs, for review and comment of a proposed amendment to
the Future Land Use Map for the Monroe County Year 2010 Comprehensive Plan: and
WHEREAS, the Planning Commission and the Monroe County Board of County
Commissioners support the requested Future Land Use Map designation change;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Section 2.
Section 3.
Section 4.
The Board of County Commissioners does hereby adopt the
recommendation of the Monroe County Planning Commission pursuant to
the draft ordinance for adoption of the proposed Future Land Use Map
amendment; and
The Board of County Commissioners will transmit the proposed
amendment as part of the second set of comprehensive plan map
amendments for 2006 to the Florida Department of Community atlairs tor
review and comment in accordance with the provisions of Sections
163.184 and 380.0522, Florida Statutes; and
The Monroe County Staff is given the authority to prepare and submit the
required transmittal letter and supporting documents tor the proposed
amendment on a date to be determined by the BOCC in accordance with
the requirement of 9J-l1.0006 of the Florida Administrative Code; and
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 15th day of February, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray E. Nelson
Commissioner George Neugent
Commissioner Dixie M. Spehar
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. KOHAGE, CLERK
Deputy Clerk
BOCC ORDINANCE TO AMEND
THE FUTURE LAND USE MAP (FLUM)
ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
ZACl-IARIAS FREDERICK J TRUSTEE TO AMEND THE FUTURE
LAND USE MAP OF THE MONROE COUNl'Y YEAR 2010
COMPREHENSIVE PLAN FROM MIXED USE COMMERCIAL (MC)
TO RESIDENTIAL HIGH (RH) FOR PROPERTY DESCRIBED AS
TRACT A, CROSS KEY WATERWAYS ESTATES, SECTION THREE,
KEY LARGO, MONROE COUNTY, FLORIDA HA VlNG THE REAL
ESTATE NUMBER: 00468473.019200. APPROXIMATE MILE
MARKER 103.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on February 15, 2006 conducted a review and consideration of the
request filed by Zacharias Frederick J. Trustee to amend the Future Land Use Map
(FLUM) from Mixed Use Commercial (MC) to Residential High (RH) for the property
described as Tract A, Cross Key Waterways Estates, Section 3, Key Largo, Monroe
County, Florida, having the real estate number 00554420.000000; and
WHEREAS, at its December 19, 2006 meeting in Marathon, the Development
Review Committee reviewed the application and recommended approval of the Future
Land Use Map amendment as indicated in the Resolution D24-05; and
WHEREAS, subsequent to the Development Review Committee meeting of
December 19, 2006 after further review of the application, consideration of the facts and
based on new information, staff reconsidered its recommendation and recommended not
to approve the application to the Planning Commission as indicated in the Planning
Commission StafIReport dated January 19,2006; and
WHEREAS, the Planning Commission held a public hearing in Key Largo on
January 25, 2006 and based on facts presented at the meeting, the Planning Commission
recommended to approve the Future Land Use District Map amendment, as indicated in
the Resolution P02-06: and
WHEREAS, the Board of County Commissioners examined the following
information:
1. The application of Zacharias Frederick J. Trustee to amend the Future Land Use Map
(FLUM) from Mixed Use Commercial (MC) to Residential High (RH) and the Land
Page I of3
Use District (Zoning) Map trom Sub Urban Commercial (SC) to Urban Residential
(UR); and
2. The staff report prepared by Aref Joulani, Acting Director, Planning and
Environmental Resources and Alex Score, Senior Biologist, dated January 25, 2006;
and
WHEREAS, the Board of County Commissioners makes the following Findings of
Fact:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. ln accordance with Section 9.5-511 (d) (5) (b):
(iv.)New issues:
The property has the potential tor commercial development under existing zoning that
would permit similar clearing to the proposed residential Land Use District and
FLUM designations, subject to Land Development Regulations. The applicant's
agent stated that the HEl conducted on the property identified the parcel as moderate-
quality hammock. Existing environmental rules will provide protection tor the
hammock.
3. The Special Protection Area (SPA) is proposed and has not been adopted.
WHEREAS, the Board of County Commissioners makes the toll owing
Conclusions of Law:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
undcr six listed conditions.
2. The map amendment meets the fifth (v.) criteria outlined in Section 9.5-511 (d) (5)
(b): of the Monroe county Land Development Regulations and will not have
negative impact or alter the character of the properties or immediate vicinity.
3. The Special Protection Area (SPA) is proposed and has not been adopted.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board specifically adopts the findings of tact and conclusions of law
stated above.
Section 2. The previously described property. which is cUlTently designated Mixed Use
Commercial (MC) shall be designated Residcntial IIigh (RH) as shovvn on the attached
map, which is hereby incorporated by reference and attachcd as Exhibit 1.
Section 3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive
Plan shall be amended as delineated in Section 2. above.
Page 2 of3
Section 4. If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be atTectcd by
such invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving the ordinance.
Section 7. This ordinance is hereby transmitted by the Planning Department to the
Department of Community Affairs for review and comment pursuant to Chapter 163,
Florida.
Section 8. The Monroe County StatJ is authorized to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in aecordance
with the requirements of 9J-l1.0 11 of the Florida Administrative Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the l5th day of February 2006.
Mayor Charles "Sonny"' McCoy
Mayor Pro Tern Murray E. Nelson
Commissioner George Neugent
Commissioner Dixie M. Spehar
Commissioner David P. Rice
BOARD OF COUNTY COMMISSlONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. KOHAGE, CLERK
Deputy Clerk
Page 301'3
EXHIBIT ONE
Proposed Future Land Use District Map Amendment: Street Map
Key: Key Largo
~
Mile Marker: 103
Proposal: Change Future Land Use District from Mixed Use/Commercial
District (MC) to Residential High District (RH).
Property Description: RE 00468473.019200
1,000
Feet
Map Amendment: M25076
Proposed Future Land Use District Map Amendment: Aerial
Key: Key Largo
Mile Marker: 103
~
Proposal: Change Future Land Use District from Mixed Use/Commercial
District (MC) to Residential High District (RH).
Property Description: RE 00468473.019200
300
Feet
Map Amendment: M25076
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The Monroe County Year 2010 Comprehensive Plan
Future Land Use Map is proposed to be amended as
indicated and briefly described as:
Key: Key Largo
~
Mile Marker: 103
Proposal: Change Future Land Use District from Mixed Use/Commercial
District (MC) to Residential High District (RH).
Property Description: RE 00468473.019200
Map Amendment: M25076
250
Feet
Proposed Land Use District Map Amendment: Street Map
Key: Key Largo
~
Mile Marker: 103
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Urban Residential District (UR).
Property Description: RE 00468473.019200
1,000
Feet
Map Amendment: M25076
Land Use District Map #: 112 and 113
Proposed Land Use District Map Amendment: Aerial
Key: Key Largo
Mile Marker: 103
~
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Urban Residential District (UR).
Property Description: RE 00468473.019200
300
Feet
Map Amendment: M25076
Land Use District Map #: 112 and 113
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The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Key: Key Largo
~
Mile Marker: 103
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Urban Residential District (UR).
Property Description: RE 00468473.019200
250
Feet
Map Amendment: M25076
Land Use District Map #: 112 and 113
BOCC ORDINANCE TO AMEND
THE LAND USE DISTRICT MAP (lONING)
ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTRY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
ZACHARIAS FREDERICK J TRUSTEE TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM SUB URBAN COMMERCIAL (SC)
TO URBAN RESlDENTIAL (UR) FOR PROPERTY DESCRIBED AS
TRACT A, CROSS KEY WATER WAYS EST A TES, SECTION THREE,
KEY LARGO, MONROE COUNTY, FLORIDA HAVING THE REAL
ESTATE NUMBER: 00468473.019200. APPROXIMATE MILE
MARKER 103.
WHEREAS, the Monroe County Board of County Commissioners, during a
regular meeting held on February 15, 2006 conducted a review and consideration of the
request filed by Zacharias Frederick J. Trustee to amend the Land Use District (Zoning)
Map from Sub Urban Commercial (SC) to Urban Residential (UR) for the property
described as Tract A Cross Key Waterways Estates, Section 3, Key Largo, Monroe
County, Florida, having the real estate number 00554420.000000; and
WHEREAS, at its December 19, 2006 meeting in Marathon, the Development
Review Committee reviewed the application and recommended approval of the Land Use
District (Zoning) Map amendment as indicated in the Resolution D24~05; and
WHEREAS, subsequent to the Development Review Committee meeting of
December 19, 2006 after Jurther review of the application, consideration of the facts and
based on new information, staff reconsidered its recommendation and recommended not
to approve the application to the Planning Commission as indicated in the Planning
Commission Staff Report dated January 19, 2006; and
WHEREAS, the Planning Commission held a public hearing in Key Largo on
January 25, 2006 and based on facts presented at the meeting, the Planning Commission
recommended to approve the Land Use District (Zoning) Map amendment, as indicated
in the Resolution P03-06; and
WHEREAS, the Board of County Commissioners examined the following
int(xmation:
1. The application of Zacharias Frederick J. Trustee to amend the Future Land Use Map
(FLUM) fi:om Mixed Use Commercial (MC) to Residential High (RH) and the Land
Page I 01'3
Use District (Zoning) Map from Sub Urban Commercial (SC) to Urban Residential
(UR); and
2. The staff report prepared by Aref Joulani, Acting Director, Planning and
Environmental Resources and Alex Score, Senior Biologist, dated January 25, 2006;
and
WHEREAS~ Board of County Commissioners makes the following Findings of
Fact:
L Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. In accordance with Section 9.5~511 (d) (5) (b):
(iv.)New issues:
The property has the potential for commercial development under existing zoning that
would permit similar clearing to the proposed residential Land Use District and
FLUM designations, subject to Land Development Regulations. The applicant's
agent stated that the HEI conducted on the property identified the parcel as moderate~
quality hammock. Existing environmental rules will provide protection for the
hammock.
3. The Special Protection Area (SPA) is proposed and has not been adopted.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of
County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions.
2. The map amendment meets the fifth (v.) criteria outlined in Section 9.5-511 (d) (5)
(b): of the Monroe county Land Development Regulations and will not have
negative impact or alter the character of the propeliies or immediate vicinity.
3. The Special Protection Area (SPA) is proposed and has not been adopted.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. The previously described property, which is cunently designated Sub
Urban Commercial (SC) shall be designated Urban Residential (UR) as shown on the
attached map, which is hereby incorporated by reference and attached as Exhibit 1.
Page 2 of3
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving the ordinance.
Section 6. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community AtIairs to determine the
consistency of this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 15th day of February 2006.
Mayor Charles '"Sonny" McCoy
Mayor Pro Tem Murray E. Nelson
Commissioner George Neugent
Commissioner Dixie M. Spehar
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. KOHAGE, CLERK
Deputy Clerk
Page 3 of3
EXHIBIT ONE
Proposed Land Use District Map Amendment: Street Map
Key: Key Largo
~
Mile Marker: 103
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Urban Residential District (UR).
Property Description: RE 00468473.019200
1,000
Feet
Map Amendment: M25076
Land Use District Map #: 112 and 113
Proposed Land Use District Map Amendment: Aerial
Key: Key Largo
Mile Marker: 103
~
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Urban Residential District (UR).
Property Description: RE 00468473.019200
300
Feet
Map Amendment: M25076
Land Use District Map #: 112 and 113
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The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Key: Key Largo
~
Mile Marker: 103
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Urban Residential District (UR).
Property Description: RE 00468473.019200
250
Feet
Map Amendment: M25076
Land Use District Map #: 112 and 113
STAFF REPORT
Memorandum
To: Monroe County Board of County Commissioners
From: Aref Joulani, Acting Director, Planning and Environmental Resources
Alex Score. Biologist
Date: January 25, 2006
Re: Request for Future land Use Map and Land Use District Map Amendments
MEETING DATE:
February 15, 2006
RE NUMBER:
00468473.019200
EXISTING FUTURE LAND lYSE MAP DESIGNATION: Mixed Use/Commercial (MC)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Residential High (RH)
EXISTING ZONING DESIGNATION:
Sub Urban Commercial (SC)
PROPOSED ZONING DESIGNATION:
Urban Residential (UR)
PROPERTY OWNER:
Zacharias Frederick J. Trustee
AGENT:
Reed & Company Development
Services lnc.
PROPERTY INFORMATION
Key:
Size:
Key Largo
2.08 Acres
Mile Marker: l03
Location Detail & Brief Description:
The property is located on Key Largo at approximate mile marker 103. The property has
frontage on Overseas Highway and has additional fi'ontage on George St. and Tropical Lane.
The property is legally described as Tract A, Cross Key Waterways Estates, Section 3, Key
Largo, Monroe County, Florida, having real estate number: 00468473.0l9200.
Page I of 13
Zacharias FLUM and Land Use District Map Amendments
Existing Use:
The property is vacant and has not been developed in the past.
Existing Habitat:
The property is classified as a tropical hardwood hammock. The applicant's agent testified that
an HEI has been conducted and the parcel was detennined to be a medium quality hammock.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classify this property at tropical hardwood hammock (code
426) per map sheet No: 286.
Neighboring Land Uses and Character:
The area has a mixture of commercial and residential uses.
The land to the north, zoned Sub Urban Commercial (SC) is a mixed use development with
ground f100r commercial and second storey residentiaL The area has a FLUM of Mixed Use
Commercial (MC).
The property directly south and zoned SC is commercially developed. The area has a FLUM of
Me.
The properties to the west, zoned Urban Residential Mobile Home (URM) are detached
residential dwellings. The area has a FLUM of Residential High (RH) with a FLUM of
Residential Medium (RM) along the George St. frontage.
The property has frontage on Overseas Highway to the east. Across Overseas Highway the
property is zoned Improved Subdivision (IS ~ M) and is a mix of undeveloped and commercial
parcels. The area has a FLUM of Residential Medium (RM).
ZONING AND LAND USE HISTORY
Pre - 1986 Zoning:
The property was zoned Light Business District (BU ~ 1) prior to the 1986 zoning. "Thc district
is intended to protect and enhance the areas best suited for the preservation of business related to
neighborhood, tourist, and resort retail sales; and business, personal, and professional services."
(Monroe County Code, effective, October 1, 1979, See 19~216).
Page2ofl3
Zacharias FLUM and Land Use District Map Amendments
Considerations during 1986 comprehensive plan process:
During the 1986 revisions to the Monroe County Land Development Regulations and land use
designations (Ordinance 33-l986 dated February 28, 1986), the subject property was re-
designated as Sub Urban 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 are located. This district should be established at locations
convenient and accessible to residential areas without use of U.S. I." (Monroe County Code Sec.
9.5-206).
The re-designation to SC was consistent with the pre-l 986 zoning designation of BU - 1.
The list of permitted as-of-right and conditional uses includes commercial uses, office,
institutional, commercial apartments, employee housing, public uses, hotels and marinas.
Consideration during the 2010 comprehensive plan Process:
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 and to apply Future Land Use Map (FLUM) designations that were
consistent with the land use district designations. The property was given a FLUM designation
of Mixed Use Commercial (Me), consistent with the Sub Urban Commercial (SC) land use
district designation.
Map changes or boundary considerations since 1986:
No map changes have been approved since the 1986 designation.
ANALYSIS AND RATIONALE FOR CHANGE (Pursuant to Section 9.5-511 (d) (5) b.)
(Analysis and Rational provided by the applicant is in italics)
(i.) Changed projections:
"Historically zoning class(fied most properties that were adjacent to main
thoroughfares as commercial properties. This however, hail' lead to sprmvl and over
time the predominant notion has been to encourage "nodes of development", In this
same vein USI is class(fied as a main thoroughfare and commercial corridor and
historically most properties adjacent to US] received commercial zoning classffication.
The Key's too hat'e recognized the need to create "nodes of development" as
substantiated through the ("ommuniKeysMaster Plan fiJr Key Largo where three
centralized nodes (?l development were identilled. In this vein it is more fitting that
propertry be re-zoned to primarily residential rather than commercial use in order to
disco urge ,\prawled out commercial development on this parcel and encourage
Page 3 of 13
Zacharias FLUM and Land Use District Map Amendments
residential development. 711is will in turn encourage additional commercial
development to be constructed in the appropriate places. ..
Rezoning is subject to considerations including compliance with Goal 102 of the Year 20 I 0
Comprehensive Plan. The proposed zoning andFLUM amendment does not comply with
Goal 102.
(ii.)Changed assumptions:
"Poliq lOl.3 requires jHonroe County to regulate non-residential development to
maintain a balance (~lland uses. In so much a ratio of239 square feet (~{non-residential
floor area fbr each residential unit developed is created At 158 residential permits a
year tied to the creation (~l23 9 square feet (~{ non residential floor area for each permit
this creates 37.762 square feet (~f commercial floor area per year. The table below shows
year 1 () through 13 and the amount available and allocation that H'as awarded."
Year I Amount Available (in square Allocations A warded (in I
feet) square fee t)
10 121,150 18,222
11 I 16, 000 5,300 ---i
12 i 16. 000 15. 689 i
13 I 16, 000 10,925 I
When the NROGO allocation was set, it was projected that the control on development would
create competition in NROGO however, demand for NROGO allocation has been less than
projected. A surplus of NROGO allocation in anyone year does not necessarily translate into a
demand tor residential development other development options may be appropriate.
(Hi.) Data errors:
"Not applicable. ..
(iv.) New issues:
''There have been new issues that have arisen due to the Summary Workshop Results
January 20, 2005for the Key Largo Livable CommuniKeys Plan:
o Improve US1 Design/Visual Characterizes- Residential development on this
parcel would improve the design and visual characteristics on USl by protecting
the natural bl{(jeryard that is in place.
o Increase aesthetics along USl corridor - Residential development on this parcel
a'ill increase the aesthetics.
o Identf{y community centers This site is not idenf{fied to be included lvithin one
of the community centers. In fact re-zoning the property lFill encourage more
commercial development 'within the community centers rather lhan encouraging it
to sprmvl out on available undeveloped commercial properties such as the subject
parcel.
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Zacharias FLUM and Land Use District Map Amendments
o Encourage well designed. medium-scale (10-12 unit) housing complexes ~ By
rezoning to residential this .vill in fact encourage housing complexes to be
developed. "
The rezoning itself will not result in increased aesthetics or well designed residential
development along the corridor. These issues are related to the Monroe County Code, and
the desire of the developer to develop in such a manner.
The rezoning may result in an intensification of development based on the limitations to
commercial development under the Sub Orban Commercial (SC) zoning and the increased
potential for residential development under the Urban Residential development.
Subsequent to the Development Review Committee meeting, the County Biologist concluded
an analysis of the parcel and is recommending that the parcel be designated as a Special
Protection Area (SPA). Under the SPA designation the parcel would be eligible for land
dedication.
(v.) Recognition of a need for additional detail or comprehensiveness:
Densitv and Intensitv
"Based upon the current zoning (?lsuburban commercial the property could be developed
to over 9,000 square feet FAR ql commercial development. Also storage, up to 25% (?l
the lot would be permitted as (?l right under the suburban commercial land use district.
Based on 2.08 acres this would be approximately .5 acres. Depending upon the HEI the
lot .vill be determined to be low or moderate quality hammock which .vill allow either
60% (54,362 square/eel) or 4()% (36,241 squarefeel) clearing (?lthe lot.
Based upon the proposed zoning change to urban residential (UR) and 2.08 gross acres,
six (6) units per acre allocated density or twelve (12) units per acre max net density could
he developed. This corre.\ponds to 12.48 units or 24.96 units respectively. Rounded
d()"wn. 12 units, on 2.08 acres is equivalent to 12 lots (?l7,550 square feet each. Further
24 units, rounded down, is equivalent to 24 lots (?l3, 775 squarefeet. The average lot size
in ('ross Key Waterways is 4,000 square feet. Therej()re the re-zoning (d'the lots would
be more compatible to the existing adjacent residential uses.
Much discussion in the CommuniKeys plan discussed protecting the corridor and
enhancing the aesthetics. This can be done through the application ol scenic corridor
bu.lfefyard. On this property a minimum ol30feet would be required. However. a policy
by the planning department has been to permit access drives to the property to he located
in the setbacb/bufferyards. therefore essentianv eliminating this requirement.
Commercial use (?f this property }1/()Uld encourage clearing (d" the hl!ffCryard f()l' sight
visibility fi)r commercial development, lvhereas, residential development would
encourage protection (?lthe buffCryard to shield noise and pollution from US1. ..
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Zacharias FLUM and Land Use District Map Amendments
Use Compatibility
The ability to construct residential dwelling units on the property would be compatible
with the neighboring properties to the west and across the canal.
Staff has determined that an amendment to the Land Development Regulations has been
approved by the Board of County that will remove outside storage as a permitted use in the Sub
Urban Commercial district the applicant's statement regarding outside storage will not apply
based on the new LDR language.
A Habitat Analysis is required to determine the quality of the hammock and allowable clearing
allowance at time of development.
Access drives will likely be from platted side streets unless the site is replatted to require access
from U.S. 1. Curb cuts must be located no closer than 400 feet from any other curb cut on U.S.1.
Sight triangles are required tor any use having direct access to U.S. 1 regardless if it is a
commercial or residential land use.
Where permitted, a driveway may cross the bufteryard to access a road or highway but the
required buHeryard must be maintained for the remainder of the property. The width of the
driveway will be reviewed for compliance with the Land Use District Regulations and a
determination made if the proposed width is excessive. A drive aisle may not be constructed
laterally across a required butferyard so as to eliminate the bufferyard.
Under the SPA designation the parcel is to be protected. The increased opportunity tor
residential development of the parcel offered by the zoning and FLUM amendment would
increase secondary impacts on the parcel atfecting the natural vegetation retained on site.
(vi.) Data updates:
"Not applicable. H
IMPACT AND POLICY ANALYSIS
Comparison of development potential for the Current and Proposed Land Uses:
1. Current Land Develovmellt Reflulations ([DR's)
The property has a current land use district map designation of Sub Urban Commercial (SC) and
a re-zoning to Urban Residential (RM) is proposed.
Sec. 9.5-206. Purpose of the Sub Urban Commercial District (SC)
The purpose of the Sub Urban Commercial (SC) district is to establish areas tor commercial uses
designed and intended primarily to serve the needs of the immediate planning area in which they
are located. This district should be established at locations convenient and accessible to
residential areas without use of U.S. 1.
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Zacharias FLUM and Land Use District Map Amendments
The property has a current FLlJM designation of Mixed Use! Commercial (MC) and is consistent
with the SC land use district map designation.
Policy 101.4.5
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
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 category is also intended to allow for the establishment of mixed use development
patterns, where appropriate. Various types of residential and non-residential uses may be
permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. In
order to protect environmentally sensitive lands, the following development controls shall apply
to all hammocks, pinelands, and disturbed wetlands within this land use category:
1. Only low intensity commercial uses shall be allowed;
2. A maximum floor area ratio 01'0.10 shall apply; and
3. Maximum net residential density shall be zero.
The list of permitted as-of-right and conditional uses includes commercial uses, office,
institutional, public uses, hotels and marinas. More specifically, the SC pennits commercial
apartments and employee housing of less than six (6) units as-of-right, subject to meeting all
other requirements. More than eighteen (18) units require a major conditional use.
2. Potelltial Land Uses with Proposed Map Amendment
The applicant is requesting a land use district map amendment from Sub Urban Commercial (SC)
to Urban Residential (UR).
Sec. 9.5-204. Purpose of the Urban Residential District (UR).
The purpose of the DR district is to provide areas appropriate for high-density residential uses
designed and intended for occupancy by persons gainfully employed in the Florida Keys and to
create areas to provide tor vacation rental use of detached dwellings, duplexes, and multifamily
dwellings. This district should be established at or near employment centers.
The applicant is requesting a FLUM amendment from Mixed Use Commercial (MC) to
Residential High (RH).
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Zacharias FLUM and Land Use District Map Amendments
Policy 101.4.4
The principal purpose of the Residential High category is to provide for high-density single-
family, multi-family, and institutional residential development, including mobile homes and
manufactured housing, located near employment centers.
The proposed Residential High (RH) FLUM designation is consistent with the proposed Urban
Residential (UR) land use district map designation. The UR district permits detached residential
dwellings as-of-right and detached residential dwellings as a conditional use amongst other uses.
Compatibility with adjacent land uses and effects on community character:
Density and Intensity
For properties consisting of hammocks within the Mixed Use Commercial (MC) FLUM
designation, the t100r area ratio is 0.10 and the maximum net residential density bonuses do not
apply.
Amending the FLUM from Mixed Use Commercial (MC) to Residential High (RH) would
eliminate this restriction.
The potential for residential development increases significantly with a re-zoning from SC to
UR. Under the SC zoning, detached and attached dwellings are not permitted except for
commercial apartments and employee housing. The UR district has no such limitation.
Residential density under the proposed land use district map amendment from SC district to UR
district would increase the allowable density for all categories of residential development. The
2010 Plan prohibits the use of max net density for property with an MC FLUM that is also
hammock as is this property.
The maximum number of dwelling units (DU) permitted is as follows, the ultimate number is
dependant on compliance with all Monroe County Code requirements:
Page 8 of 13
Zacharias FLUM and Land Use District Map Amendments
Allocated and Max Net Density Permitted Per Acre
Sub Urban Commer?ial . I
I Allocated ! Max Net I
!, (DU/Acre) II (DUiBuildable I
I Acre), (not 1
" I available in .
i hanlmock) .
1 j
Sub Urban ! 3 1 0
Commercial
(commercial I
a artments)
ployee Housing 3 I 0
I
Urban Residential
Allocated Max Net
(DU/Acre) (DUiBuildable
Acre)
I Urban 6 12
! Residential I
I
I Employee
6 25 I
I .
I Housmg
I AffOr?~ble 6 I ')-
I ~)
Housm}
The maximum non-residential square footage permitted is as follows and the ultimate square
footage allowed is dependant on compliance with all Monroe County Code requirements:
Non-Residential Maximum Floor Area Ratio Permitted
Sub Urban Commercial (SC)
I FAR
Hammock Low Quality .10
Hammock Medium Qualit. .10
, Commercial Retail:
Low intensit .
Medium intensity
, High intensity
I Ofl:ice
Insti tuti onal
OSR
AO
i .60
i .35 .2
.25 .2
.1.~
A~~
Use Compatibility
I Urban Residential (UR) FAR I OSR I
I i
I Hanlmock Low Quality .10 .40
Hammock Medium Quality i .10 .60
Institutional . 0.30 0.2
I Public Buildings 0.30 0.2
i I
r--- i
t --
i
I
The property is currently vacant. Residential land uses under the Urban Residential (UR) land
use district map designation would be consistent with the residential land uses to the west and
northwest of the property that are currently zoned Urban Residential Mobile Home (URM) and
developed with detached residential dwellings.
The UR land use district allows detached and attached residential dwellings that the SC land use
district does not.
Zacharias FLUM and Land Use District Map Amendments
Page 9 of 13
Effects on Natural Resources Goal 102
Goal 102 of the Year 2010 Comprehensive Plan states that Monroe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
At the present time, this parcel is in a proposed Special Protection Area (SPA). Previously, this
parcel was in a proposed TIER 2 and subsequently in a proposed TIER 3A. This area is a
tropical hardwood hammock and the change of zoning trom SC to UR will increase the
allowable density for residential development. The overall clearing allowance will not change,
but the change in zoning will be encouraging development in this area. Since in all hammocks,
pinelands, and disturbed wetlands the maximum floor area ratio is 0.10 this would severely
reduce the SC use in this parcel and would therefore protect the hammock area.
SC hammock lots on US 1 have also been looked by Monroe County Land Authority for purchase
of environmental protection to maintain a highway greenscape. The change in zoning would not
be compatible with any future highway environmental project by the Land Authority.
I disagree that residential development on this parcel would improve the design and visual
characteristics on US 1 since the bufferyard requirements are the same for SC and UR. The SC
designation has more protection than the UR designation with density restrictions.
By looking at the Environmental aspects and the future Key Largo CommuniKeys Plan, the
zoning and FLUM amendment proposed can not be supported.
Effects on Public Facilities: Objective 10l.11
Monroe County shall implement measures to direct future growth awaytrom environmentally
sensitive land and towards established development areas served by existing public facilities.
The proposed FLUM and Land Use District Map amendments will support Objective 101.11.
Local Traffic and Parking
The subject property is located on Overseas Highway and has potential access from George
Street and/or Tropical Lane.
Traffic Circulation
The site fronts on Overseas Highway (US-I) a four lane divided highway and has a potential
connection via George Street and/or Tropical Lane. The Key Largo highway segment has a
Level of Service rating of A and is considered Adequate. The proposed land use district map
amendment should not affect the LOS.
Page 10 of 13
Zacharias FLUM and Land Use District Map Amendments
Solid \Vaste
The existing solid waste haul out contract will provide Monroe County with guaranteed
capacity to September 30, 2016. The proposed land use district map change should not increase
solid waste generation significantly from that generated by potential uses under the existing
designation.
Potable Water
The Florida Keys Aqueduct Authority's existing consumptive use permit authorizes the
withdrawal of suflicient quantities to meet the anticipated demand. The proposed land use
district map amendment is not anticipated to have any discernable effcct on potable water
withdrawals.
Stormwater
Section 9.5-293 of the Land Development Regulations requires that all developments retain
storm water onsitc following Best Management Practices (BMP). Pursuant to Policy 101.1.1 all
projects shall be designed so that the discharges will meet Florida State Water Quality Standards.
Compliance revicw for these sections is determined by the South Florida Water Management
District or County Engineer and occurs at the time a development permit has been filed.
Wastewater
Policy 901.1.1 requires that at the time a development permit is issued, adequate sanitary
wastewater treatment and disposal facilities are available to suppott the development.
Wastewater issues will be addressed at the time a development proposal is brought forward.
Effects on Redevelopment / Infill Potential:
The proposed FLUM and Land Use District Map amendments will eliminate the possibility for
commercial development and increase the likelihood of residential development on the property.
FININGS OF FACT AND CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. In accordance with Section 9.5-511 (d) (5) (b):
(iv.) New issues:
The property has the potential for commercial development under existing zoning that would
pern1it similar clearing to the proposed residential Land Use District and FLUM designations,
subject to Land Development Regulations. The applicant's agent stated that the BEl
conducted on the property identified the parcel as moderate-quality hammock. Existing
environmental rules will provide protection for the hammock.
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Zacharias FLUM and Land Use District Map Amendments
3. The Special Protection Area (SPA) is proposed and has not been adopted.
CONCLUSIONS OF LAW:
1. Section 9.5-511 (d)(5)b of the Monroe County Code (MCC) allows the Board of County
Commissioners to consider adopting an ordinance to enact map changes under six listed
conditions.
2. The map amendment meets the fifth (v.) criteria outlined in Section 9.5-511 (d) (5) (b): of
the Monroe county Land Development Regulations and will not have negative impact or alter
the character of the properties or immediate vicinity.
3. The Special Protection Area (SPA) is proposed and has not been adopted.
RECOMMENDATION:
The Planning and Environmental Resources Department recommended Not to Approve, based
on the above Findings of Fact and Conclusions of Law, the Planning Commission recommends
Approval to the Board of County Commissioners for the proposed Future land Use Map
amendment from Mixed Use/Commercial (MC) to Residential High (RI-I) and of the proposed
Otlicial Land Use District Map amendment from Sub Urban Commercial (SC) to Urban
Residential (UR).
Page 12 of 13
Zacharias FLUM and Land Use District Map Amendments
Zacharias FLUM and Land Use District Map Amendment: RE # 00468473.019200
Overseas Highway Frontage
Tropical Lane Frontage
Page 13 of 13
Zacharias FLUM and Land Use District Map Amendments