Item S2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 15.2006
Division:
Growth Management
Bulk Item: Yes
No~
Department:
Planning and Environmental Resow-ces
StafI' Contact Person: Aref Joulani
AGENDA ITEM \VORDING:
Public hearing on the request by John C. and Wendi A. Moore to amend the land use district (zoning) map
1rom Suburban Commercial (SC) to Mixed Use (MU), Re #s 00537400.000000; 00537410.000000;
00537420.0000000.
ITEM BACKGROUND:
John C. and Wendi A. Moore are requesting an amendment to the land use designation 1rom Suburban
Commercial (SC) to Mixed Use (MU), a designation that allows detached residential dwellings to increase
the potential opportunities for redevelopment of the property.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A
COST TO COUNTY: N/ A
BUDGETED: Yes
SOURCE OF FUNDS:
No
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -.-X- OMS/Purehasing _ Risk Management ~
DIVISION DIRECTOR APPROVAL: c~ r/-(/~::(a$"~ J
Ronda Norman, Acting Division Director
DOCUMENTATION:
Included X
Not Required_~
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY LAND USE DISTRICT (ZONING)
l\IAP AMENDMENT
FROl\I SUB URBAN COMMERCIAL (SC)
TO MIXED USE (MU)
JOHN C. AND WENDI A. MOORE
BOARD OF COUNTY COMl\IISSIONERS
KEY LARGO
FEBRUARY 15, 2006
MONROE COUNTY LAND USE DISTRICT (ZONING)
MAP AMENDMENT
FROM SUB URBAN COMMERCIAL (SC)
TO MIXED USE (MU)
A REQUEST BY JOHN C. AND WENDI A. MOORE TO
AJ\rIEND THE LAND USE DISTRICT (ZONING) MAP
RECO~Il\tlENDA TIONS
STAFF: Approval
September 6, 2005
DRC: Approval
September 6, 2005 Resolution # D 16-05
pc: Approval
September 28, 2005 Resolution # P39-05
DRAFT BOCC ORDINANCE
ORDINANCE NO.
2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONI:RS APPROVING THE REQUEST BY
JOHN C. AND WENDI A. MOORE FOR A LAND USE DISTRICT
MAP DESIGNATION AMENDMENT FROM SUB URBAN
COMMERCIAL (SC) TO MIXED USE (MU) FOR PROPERTIES
LEG ALL Y DESCRIBED AS LOT 1, LOT 2 AND LOT 3, BLOCK 13,
LAKE SURPRISE ESTATES, KEY LARGO, MONROE COUNTY,
FLORIDA, AT APPROXIMATE MILE MARKER 106. THE REAL
ESTATE NUMBERS ARE 00537400.000000, 0053741.000000 AND
0053742.000000; 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 February 15, 2006, conducted a review and consideration of the
request filed by John C. and Wendi A. Moore, to amend the zoning map from Sub Urban
Commercial (SC) to Mixed Use eMU) land use district for the properties described as Lot
1, Lot 2, and Lot 3, Block 13, Lake Surprise Estates, Key Largo, Monroe County,
Florida, having the real estate identification numbers 00537400.000000,
0053741.000000 and 0053742.000000; and
WHEREAS, based on the recommendation of the Development Review
Committee, DRC Resolution No. DI6-05, the staff recommended approval of the
application to the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Key Largo on
September 28, 2005. Based on the facts presented a the meeting, the Planning
Commission recommended approval to the Board of County Commissioners of the
rezoning as indicated in Resolution No. P39-05; and
WHEREAS, the Board of County Commissioners makes the following Findings of
Fact:
1. The pre-1986 zoning of the subject property was BU-l and BU-2.
2. During the 1986 Comprehensive Plan process, the land use districts of the subject
property were changed to Sub Urban Commercial (SC) consistent with the previous
commercial zoning.
3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
\vhich took effect on January 4, 1996, followed the land use district boundary and
designated a future land use category of Mixed Use Commercial for the three parcels.
Page lof4
4. 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.
5. In accordance with Section 9.5-511 (d) (5) (b) (i) Changed Projections and (ii)
Changed Assumptions, the applicant has established that existing detached
residential dwellings in the SC district are an indication of how actual development
differs from the possible SC development and support a land use district map
designation that would allow detached residential dwellings.
6. In accordance with 9.5-511 (d) (5) (b) (IV) New Issues, the applicant has established
that the Department of Transportation has expressed a requirement that any business
that would attract significant vehicular traffic to the site, install a deceleration lane at
the applicants sole cost on U.S. 1, should the applicant choose to develop the property
commercially. The projected cost of the deceleration lane is stated as $100,000.
7. The applicant initiated the land use change application to reclassify the Block 13,
Lots I, 2 and 3, Lake Surprise Estates to a land use district that would recognize the
existing character of the area and allow detached residential dwellings.
8. Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan states that 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: only low intensity commercial uses shall be allowed; a maximum tIoor area
ratio of 0.10 shall apply; and maximum net residential density shall be zero.
9. Sec. 9.5-219 Purpose of the Mixed Use District (MU) states that the purpose of the
MU district is to establish or conserve areas of mixed uses, including commercial
fishing, resorts, residential, institutional and commercial uses, and preserve these as
areas representative of the character, economy and cultural history of the Florida
Keys.
10. Section 9.5-248 Mixed Use District (MU) indicates that the MU zoning district
permits detached residential dwellings and is the most applicable zoning district for
the proposed land use change.
I L Section 9.5-511 prohibits any map amendments that would negatively impact
community character.
12. Objective 10Lll states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
13. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwatcr and wastevvater indicate that there are no significant concerns.
14. Goal 102 of the Monroe county Year 2010 Plan states that Monroe County shall
direct future growth to lands that are intrinsically most suitable tor development and
shall encourage conservation and protection of environmentally sensitive lands.
Page 2 of4
\VHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. The land use district map amendment meets the requirements outlined in Section 9.5-
511 and the requirements meets the intent and purpose of Section 9.5-219.
2. The proposed land use district map amendment supports Objective lOI.n which
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 based on
the 2005 Public Facilities Capacity Assessment Report and the listed programs on
storm water and wastewater.
3. The proposed land use district map amendment is sutliciently consistent with Goal
102 of the Monroe county Year 2010 Comprehensive Plan, as it is consistent with the
purpose of the Mixed Use/Commercial (MC) Future Land Use category.
4. The propose land use district map amendment will not have a negative impact on
community character.
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 properties shall be rezoned to Mixed Use (MU),
which is hereby incorporated by reference and attached as Exhibit 1.
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. All ordinances or parts of ordinances in conflict with this ordinance arc
hereby repealed to the extent of said contlict.
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 Affairs to determine the
consistency of this ordinance with the Florida Statutes.
(THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK)
Pagc3of4
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 Tern 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)
A TrEST: DANNY L KOHAGE, CLERK
Deputy Clerk
Page 4 of 4
EXHIBIT ONE
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Proposed Land Use District Map Amendment: Street Map
Key: Key Largo
Mile Marker: 106.5
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU).
Property Description: RE 00537400.000000,00537410.000000, and 00537420.000000
Map Amendment: M25074
Land Use District Map #: 104
Proposed Land Use District Map Amendment: Aerial
Key: Key Largo
Mile Marker: 106.5
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU).
Property Description: RE 00537400.000000,00537410.000000,
and 00537420.000000
150
Feet
Map Amendment: M25074
Land Use District Map #: 104
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..--------------- SUMMERLAND RD
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BIG PIN E RD
BAHIA HONDA RD
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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: 106.5
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU).
Property Description: RE 00537400.000000,00537410.000000,
and 00537420.000000
200
Feet
Map Amendment: M25074
Land Use District Map #: 104
BOCC STAFF REPORT
GRO\i\<TH MANAGEMENT DIVISION
2798 Overseas Highway
Suite 400
Marathon, Hodda 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Charles "Sonny" ['vleCoy, District 3
George Neugent, Distrid 2
David P. Rice, Disb'ict 4
Murray E. Nelson, District 5
Upver Keys Planning Office
88800 Overseas Highway
Tavernier FL 33070
Voice: (305) 852-7100
FAX: (305) 852-7103
MEMORANDUM
TO:
Monroe County Board of County Commissioners
FROM:
David A. Dacquisto, Director, Upper Keys Island Planning Team
RE:
John C. and Wendi A. Moore, Land Use District Map Amendment
Date:
January 9, 2006
MEETING DATE:
February 15, 2006
EXISTING FUTURE LAND USE DESIGNATION: !'vfixed Use/Commercial (MC)
PROPOSED FUTURE LAND USE DESIGNATION: Remains Unchanged
EXISTING ZONING DESIGNATION: Sub Urban Commercial (SC)
PROPOSED ZONING DESIGNATION: Mixed Use (MU)
PROl>ERTY OWNER: John C. and Wendi A. Moore
AGENT: John J. Jabro
PROPERTY INFORMATION
Key:
Key Largo
Size:
0.584 acres, 25,439 sq. it. platted
0.572 acres, 24,916 sq. it. upland
Mile Marker:
MM 106
Page I of 10
Location Detail & Brief Description:
The site is located at the western end of Summerland Road and comprises the last 3 lots,
Re #s 00537400.000000; 00537410.000000; 00537420.0000000.
Legally described as: Block 13, Lots L 2 and 3, Lake Surprise Estates, Key Largo. The
site has 0.584 plated acres, 25,439 sq, ft. and 0.572 upland acres, 24,916 sq. ft.
Existing Use:
The site is presently undeveloped. The previous commercial building that housed a
restaurant and bar has been demolished.
Existing Habitat:
The property is classified as disturbed, cleared of most vegetation. There is a mangrove
wetland on the other side of Summerland Road.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
The 1985 existing conditions aerials classify this property as disturbed (code 740) per
map sheet No: 298.
Neighboring Land Uses and Character:
The lot immediately east of the subject properties has a residence that was previously
owned by the Moores. The lots to the east of the subject propcrties are a mix of vacant
lots, residential and commercial uses. To the north, is an undeveloped mangrove wetland
owned by the State. The land to the south, across a canal, is residential and
predominately mobile home.
ZONING AND LAND USE HISTORY
Pre-1986 Zoning:
Block 13, Lot 1, Lake Surprise Estates was zoned to BU~2, medium commercial, January
23, 1970. Prior to the rezoning, the lot was zoned BU~ 1, light business district. Lots 2
and 3 remained BU~1.
The 1973 zoning map shows Lot 1 as BU-2 and Lots 2 and 3 as BU~ 1. The properties
east of Lots 2 and 3 were also zoned, BU-l with the properties across the canal to the
south zoned RU-5, mobile home residential district and the land to the north zoned GU
general use district.
The BU~ 1 and BU~2 were commercial zoning districts BU~2 being more permissive and
allowing greater latitude in liquor licensing.
Page 2 of 10
Considerations During the 1986 Comprehensive Plan Process:
In September 1986, the Land Use District Map was adopted and the subject property was
rezoned to Sub Urban Commercial (SC) (Ordinance 33~1986 dated February 28, 1986).
This would have been consistent with the existing land use district map designations at
that time ofBU-l and BU-2.
Considerations During the 2010 Comprehensive Plan Process:
During the 2010 Comprehensive Plan process, the Future Land Use Map (FLUM)
categories were introduced. The properties along with the properties to the east were
given a FLUM designation of Mixed Use Commercial (MC), consistent with the Sub
Urban Commercial (SC) land use district map designation.
Changes to Boundary Considerations Since 1986:
Zoning on the subject property has not changed since 1986.
ANAL YSIS & RA TIONALFOR CHANGE {Pursuant to Section 9.5-511 (d) (5) (b)
9.5-511 (d) (5) (b) (i) Changed Projections and (ii) Changed Assumptions:
The applicant points to the presence of detached residential dwellings in the SC district
along Summerland Road as an indication of how actual development differs from the
possible SC development and support for a land use district map designation that would
allow detached residential dwellings. The mix of commercial and residential land uses is
consistent with the Mixed Use (MU) district.
9.5-511 (d) (5) (b) (iii) Data Errors:
None.
9.5-511 (d) (5) (b) (IV) New Issues:
The applicant states the Department of Transportation will require any business that
would attract significant vehicular traffic to install a deceleration lane at the applicants
sole cost on U.S. 1, should the applicant choose to develop the property commercially.
The applicant states that the projected cost of the deceleration lane is $100,000.
9.5-511 (d) (5) (b) (v) Recognition of a need for additional detail or
comprehensiveness:
None.
Page 3 of]O
IMPACT AND POLICY ANALYSIS
Comparison of Development Potential for the Current and Proposed Land Uses:
1. Current Land Development Regulations (LDR's)
Currently, the subject property has a Sub Urban Commercial (SC) land use district map
desibrnation.
Sec. 9.5-206. Purpose of the Sub Urban Commercial District (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. 1.
The Sub Urban Commercial District does not permit detached dwellings.
The Future Land Use Category that corresponds to the Sub Urban Commercial (SC)
land use district is the Mixed Use/Commercial (MC) FLUM.
Policy 101.4.5
The principal purpose of the Mixed Use! Commcrcialland use category is to provide for
the establishment of commcrcial 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-
residcntial 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 of 0.10 shall apply; and
3. maximum net residential dcnsity shall bc zero.
2. Potential land uses with proposed "'lap Amendment
The applicant requests a Mixed Use (MU) land use district map designation.
Sec. 9.5-219. Purpose of the Mixed Use District (MD).
Page 4 of 10
The purpose of the MU district is to establish or conserve areas of mixed uses, including
commercial fishing, resorts, residential. institutional and commercial uses, and preserve
these as areas representative of the character, economy and cultural history of the Florida
Keys.
Uses permitted as-of-right include:
(1) Detached residential dwellings;
The Mixed Use District permits detached residential dwellings in contrast to the Sub
Urban Commercial District that does not.
The Future Land Use Category that corresponds to the Mixed Use (MU) land use
district is the Mixed Use/Commercial (UC) FLUM.
Policy 101.4.5
The principal purpose of the Mixed Use! Commercial land use category is to provide tor
the establishment of commercial zoning districts where various types of commercial
retail and oft ice 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 pem1itted; 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:
I. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply; and
3. maximum net residential density shall be zero.
Compatibility With Adjacent Land Uses and Effects on Community Character:
The Monroe County Code addresses this issue with Section 9.5-511 that prohibits
amendments that would negatively affect community Character.
1. Density and Intensity
The proposed Mixed Use (MU) land use district has a similar list of permitted and
conditional uses as the present Sub Urban Commercial (SC) land use district. However,
the MU land use district allows detached residential dwellings and the SC land use
district docs not.
The two land use districts share the same maximum floor area ratio and open space
requirement.
Page 5 oflO
2. Use Compatibility
Permitted and conditional uses listed in the MU land use district are similar to those in
the SC land use district and both would allow similar types of development in the area.
The MU land use district allows detached residential dwellings that the SC land use
district does not.
The proposal to construct a detached residential dwelling on the subject property would
be compatible with the neighboring properties to the east along Summerland Road and
south across the canal.
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.
The proposal to construct a detached residential dwelling on the subject property would
have to meet provision to prevent storm-water runoff into the adjacent canal and
mangrove wetland area across the street.
Effects on Public Facilities: Objective 101.11
Monroe County shall implement measures to direct future growth away from
environmentally sensitive land and towards established development areas served by
existing public facilities.
1. Local Traffic and Parking
The subject property is located on Summerland Road. Summerland Road is a dead end
road of approximately 950 feet in length.
2. Traffic Circulation
The site is served by US-l a four lane divided highway with a connection via
Summerland Road. 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.
3. Solid Wa,.,'te
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 if
Page 6 of 10
compared to the previous restaurant use on the site will not have a discernable effect on
solid waste generation or removal. If developed for other potential uses under the existing
designation, solid waste generation would be similar.
4. 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 diseernable effect on potable
water withdrawals.
5. Storm water
Section 9.5-293 of the Land Development Regulations requires that all developments
retain stormwater onsite 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 review for these sections is determined by the
South Florida Water Management District and occurs at the time a development permit
has been filed.
6. Wastewater
Policy 901.I.l requires that at the time a development permit is issued, adequate sanitary
wastewater treatment and disposal facilities are available to support the development.
Wastewater issues will be addressed at the time a development proposal is brought
forward.
Effects on Redevelopment / lnfill Potential:
The site was previously cleared and developed. The restaurant and bar were
subsequently torn down and the site is now a vacant parcel of land consisting of three
platted lots.
Under the MU land use district desif,rnation, the applicant would have the potential to
develop a detached residential dwelling on the site in additional to allowed commercial
uses..
The MU land use district has an:
Allocated Density of One (I) dwelling unit per acre
Maximum Net Density oftwelve (12) dwelling units per acre.
The existing SC district has an:
Allocated Density of three (3) dwelling units per acre
Max Net Density of six (6) dwelling units per acre
Page 7 ofl0
This SC district's allowable Max Net Density is one-half of that allowed by the MU land
use map district
The subject property is .572 acres and under the MU district zoning has an open space
requirement of 20%,
Based on the Allocated density, the subject site of .572 acres does not have sufficient
potential for one detached residential dwelling. The site area only qualifies for .572 of
one dwelling unit based on an allocated density of one dwelling unit per acre.
To construct one dwelling unit, the applicant will be required to acquire and transfer to
the site .428 Transfer Development Rights (TOR).
Based on a Ma,-x Net density of 12 units per acre:
Site area .572 acres
Minus an open space requirement of 20 %,
Results in a net buildable area of .457 acres.
Net buildable area of .457 acres
Times Max Net Density of 12 units per acre
Results in an allowed Maximum Net Density at the site of 5.49 dwelling units based on
the area available, this rounds down to five (5) dwelling units.
Based on Max Net Density, after qualifying to construct one residential unit through the
TOR of .428 development rights to the site, the applicant has potential to construct an
additional four (4) detached dwelling units through TOR of an additional four (4)
development rights to the site.
The SC and MU land use districts have the same maXImum floor area ratios for
commercial development
Based on low intensity commercial development with a maximum floor area ration of.35
and if no other development is proposed, the .572 acre site, 24,916 sq. ft., would be
eligible for 8,720 sq. ft. of office development, (24,916 sq. ft. X .35 mfar 8,720 sq. ft.).
FINDINGS OF FACT
L The pre-l 986 zoning of the subject property was BU-l and BU-2.
2. During the 1986 Comprehensive Plan process, the land use districts of the subject
property were changed to Sub Urban Commercial (SC) consistent with the previous
commercial zoning.
3. The Future Land Use Map of the Monroe County Year 20 10 Comprehensive Plan,
which took effect on January 4, 1996, followed the land use district boundary and
designated a future land use category of Mixed Use Commercial for the three parcels.
4. 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.
Page 8 of 10
5. In accordance with Section 9.5-511 (d) (5) (b) (i) Changed Projections and (ii)
Changed Assumptions, the applicant has established that existing detached
residential dwellings in the SC district are an indication of how actual development
differs from the possible SC development and support a land use district map
designation that would allow detached residential dwellings.
6. In accordance with 9.5-511 (d) (5) (b) (IV) New Issues, the applicant has established
that the Department of Transportation has expressed a requirement that any business
that would attract sie,'1lificant vehicular traffic to the site, install a deceleration lane at
the applicants sole cost on U.S. l, should the applicant choose to develop the property
commercially. The projected cost of the deceleration lane is stated as $100,000.
7. The applicant initiated the land use change application to reclassifY the Block 13,
Lots 1, 2 and 3, Lake Surprise Estates to a land use district that would recognize the
existing character of the area and allow detached residential dwellings.
8. Policy 101.4.5 of the Monroe County Year 201 0 Comprehensive Plan states that 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 tor 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: only low intensity commercial uses shall be allowed; a maximum floor area
ratio of 0.10 shall apply; and maximum net residential density shall be zero.
9. Sec. 9.5-219 Purpose of the Mixed Use District (MU) states that the purpose of the
MU district is to establish or conserve areas of mixed uses, including commercial
fishing, resorts, residential, institutional and commercial uses, and preserve these as
areas representative of the character, economy and cultural history of the Florida
Keys.
10. Section 9.5-248 Mixed Use District (IVIU) indicates that the MU zoning disttict
permits detached residential dwellings and is the most applicable zoning district tor
the proposed land use change.
11. Section 9.5-511 prohibits any map amendments that would negatively impact
community 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
development at the adopted level of service standards concurrent with the impacts of
such development.
13. The 2005 Public Facilities Capacity Assessmcnt Report and the listed programs for
stonnwater and wastewater indicate that there are no significant concerns.
14. Goal 102 of the Monroe county Year 2010 Plan states that Monroe County shall
direct future growth to lands that are intrinsically most suitable for development and
shall encourage conservation and protection of environmentally sensitive lands.
Page 9 of 10
CONCLUSIONS OF LAW
1. The land use district map amendment meets the requirements outlined in Section 9.5-
511 and the requirements meets the intent and purpose of Section 9.5-219.
2. The proposed land use district map amendment supports Objective 101.11 which
states that Monroe County shall ensure that at the time a development pennit 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 based on
the 2005 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater.
3. The proposed land use district map amendment is sufficiently consistent with Goal
102 of the Monroe county Year 2010 Comprehensive Plan, as it is consistent with the
purpose ofthe Mixed Use/Commercial (MC) Future Land Use category.
4. The propose land use district map amendment will not have a negative impact on
community character.
RECOMMENDA TIONS
Based on the Findings of Fact and Conclusions of Law above and the recommendations
of the Planning Staff and the Development Review Committee, the Planning Commission
recommends APPROVAL to the Monroe County Board of County Commissioners of
the proposed Official Land Use District Map amendment from Sub Urban Commercial
(SC) to Mixed Use (MU).
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