Item S1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 15,2005
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Services
Staff Contact Person: AreI' Joulani
AGENDA ITEM WORDING:
Public hearing on the request by Earthmark Companies, LLC. to amend the land use district (zoning) map fi'om Sub Urban
Commercial (SC) to Mixed Use (MU) for property with the Real Estate Number 00554420.000000, and from Urban Residential
Mobile Home (URM) to Urban Residential (UR) for properties with the Real Estate Numbers 00554730.000000,0055700.000000
and 00554670. 000000.
ITEM BACKGROUND:
Request to rezone from SC to MU of a parcel of land located between U.S. Highway I and First Street in Key Largo with the RE #
00554420.000000.
Request to rezone from URM to UR of a parcel of land located between First Street and Second Street in Key Largo. The site is
comprised of parcels RE # 00554730.000000, 0055700.000000 and 00554670.000000.
The properties are part of a proposed redevelopment and the zoning changes would accommodate a mix of commercial and
residential uses.
PREVIOUS RELEVANT BOCC ACTION: NI A
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 ~ OMS/Purchasing _ Risk Management_
/~~~ fi /,.r> \
DIVISION DIRECTOR APPROVAL: c.~9"'!I:!r1 /dvrr(~j
Ronda Nonnan, Acting Division Director
DOCUMENTATION:
Ind uded
X
Not Required ~
nISPOSITION:
AGENDA ITEM #
MONROE COUNTY LAND USE DISTRICT MAP AMENDMENT
FROM SUB URBAN COMMERCIAL (SC)
TO MIXED USE (MU)
AND
FROM URBAN RESIDENTIAL MOBILE HOME (URM)
TO URBAN RESIDENTIAL (UR)
EARTHMARK COMPANIES L.L.C.
BOARD OF COUNTY COMIVlISSIONERS
KEY LARGO
FEBRUARY 15,2006
MONROE COUNTY LAND USE DISTRICT MAPAMENDMENT
STAFF:
DRC:
pc:
FROM SUB URBAN COMMERCIAL (SC)
TO MIXED USE (MU)
AND
FROM URBAN RESIDENTIAL MOBILE HOME (URM)
TO URBAN RESIDENTIAL (UR)
A REQUEST BY EARTHMARK COMPANIES L.L.C.
RECOMMENDA TIONS
Approval November 15,2005
Staff report
Approval November 15, 2005
Resolution #D21-05
Approval December 20, 2005
Resolution #P54-05
BOCC ORDINANCE
ORDINANCE NO.
2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST BY
EARTHMARK COMPANIES, LLC. TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM SUBURBAN COMMERCIAL (SC)
TO MIXED USE (MU) FOR THE PROPERTIES DESCRIBED AS
LOTS 1,2,3,4, 5,6, 7, 8, 30, 31,32 AND 33, BLOCK 2, MANDALA Y,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 1 , PAGE 194. HAVING REAL ESTATE NUMBER:
00554420.000000; AND TO AMEND THE LAND USE DISTRICT
(ZONING) MAP FROM URBAN RESIDENTIAL MOBILE HOME
(URM) TO URBAN RESIDENTIAL (UR) FOR THE PROPERTIES
DESCRIBED AS A STRIP OF LAND 125 FEET WIDE AND 250 FEET
IN DEPTH OFF THE SOUTHWESTERLY SIDE OF BLOCK 3, SAID
STRIP BEING 125 FEET ON EAST FIRST STREET AND EAST
SECOND STREET, AND 250 FEET ON SECOND A VENUE.
MANDALA Y, KEY LARGO, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 194 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, AND A TRACT OF
LAND IN BLOCK 3 OF MANDALA Y, A SUBDIVISION OF KEY
LARGO, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK
L AT PAGE 194 PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA SAID TRACT HAVING A FRONTAGE OF 100 FEET ON
EAST FIRST STREET, ACCORDING TO THE PLAT OF
MANDALA Y, AND A DEPTH OF 95 FEET AMD FURTHER
DESCRIBED AS THE NORTHWESTERLY 95 FEET OF THE
NORTHEASTERL Y 100 FEET OF THE SOUTHWESTERLY 225 FEET
OF SAID BLOCK 3, AND THE NORTHEASTERLY 50 FEET OF THE
SOUTHWESTERL Y 175 FEET, AND THE NORTHEASTERLY 50
FEET OF THE SOUTHWESTERLY 225 FEET, BLOCK 3,
MANDALA Y, A SUBDIVISION ON KEY LARGO, ACCORDING TO
THE PLAT RECORDED IN PLAT BOOK 1 , PAGE 194 PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, LESS THE
NORTHWESTERLY 95 FEET OF THE NORTHEASTERLY 100 FEET
OF THE SOUTHWESTERLY 225 FEET THEREOF OF SAID BLOCK
3. HAVING REAL ESTATE NUMBERS 00554730.000000,
00554700.000000 AND 00554670.000000, AT APPROXIMATLY MILE
MARKER 98, KEY LARGO, MONROE COUNTY, FLORIDA.
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 Earthmark Companies, LLC. to amend the land use district (zoning) map
Page lofS
from Suburban Commercial (SC) to Mixed Use (MU) land use district for the property
described as Lots 1,2,3,4,5,6, 7, 8, 30, 31, 32 and 33, Block 2, Mandalay, according to
the plat thereof as recorded in Plat Book 1, Page 194, Key Largo, Monroe County,
Florida, having the real estate identification number 00554420.000000; and
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 Earthmark Companies, LLC. to amend the land use district (zoning) map
from Urban Residential Mobile Home (URM) to Urban Residential (UR) land use
district for the properties described as A strip of land 125 feet wide and 250 teet in depth
off the Southwesterly side of Block 3, said strip being 125 feet on East First Street and
East Second Street, and 250 feet on Second Avenue. Mandalay, Key Largo, according
to the plat thereof recorded in Plat Book 1, Page 194 of the Public Records of Monroe
County, Florida.
AND
A tract of land in Block 3 of Mandalay, a subdivision of Key Largo, according to the Plat
recorded in Plat Book I, at Page 194 Public Records of Monroe County, Florida said
tract having a frontage of 100 feet on East First Street, according to the plat of Mandalay,
and a depth of 95 feet and further described as the Northwesterly 95 feet of the
Northeasterly 100 feet of the Southwesterly 225 feet of said Block 3.
AND
The Northeasterly 50 feet of the Southwesterly 175 feet, and the Northeasterly 50 teet of
the Southwesterly 225 feet, Block 3. Mandalay, a subdivision on Key Largo, according
to the Plat recorded in Plat Book 1, Page 194 Public Records of Monroe County, Florida,
less the Northwesterly 95 feet of the Northeasterly 100 feet of the Southwesterly 225 feet
thereof of said Block 3, having the real estate identification numbers 00554730.000000,
0055700.000000 and 00554670.000000; and
WHEREAS, the Development Review Committee, during a public meeting held
in Key Largo on November 15, 2005, recommended approval of the application to the
Planning Commission; and
\VHEREAS, the Planning Commission held a public hearing in Key Largo on
December 20. 2005 and recommended approval of the application to the Board of
County Commissioners; and
WHEREAS, the Board of County Commissioners further reviewed the
application and 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. In accordance with Section 9.5-511 (d) (5) (b) (i) Changed Projections and (ii)
Changed Assumptions: A trend towards full-service communities continues in Key
Largo with increasing demand for development that provides for the type of amenities
contained in Mariners Club. A population desiring this type of community continues
to increase exponentially and requires development that addresses the need for
housing for this population. This increasing demographic illustrates the need for
panned communities that maintain the community character so cherished in the Keys.
The previous residential use included mobile home units and RV's to satisfy the
Page 2 ofS
housing need. The community need has changed and the previous mobile home and
RV units will be transformed into multi-family (27) units and transient hotel units
(11). The amendment of the land use designation from URM to UR enables the
development convert high density transient and mobile home units into
condominiums. The amendment of the SC land use designation property to MU
continues the ability for residential development while providing for commercial
amenities to service the community. The assumption of the status quo has not been
maintained in this region and amending the land use designation for these properties
will facilitate continuing improvement in the development of the area to address the
changing demographic need.
3. The pre-1986 zoning of the subject property was Medium Commercial BU-2. The
SU2 district was intended to provide areas suitably situated for centers of commercial
activity, area retail sales, sale of fuels, mechanical services, wholesaling, warehousing
and storage.
4. 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 and URM consistent with the use of the property as a mobile-
home park.
5. Subsequent to the 1986 Comprehensive Plan process Lots 1 through 10 and lots 3 I
through 33 were rezoned from URM to SC on May 2, 1990 by Bacc Resolution
128-1990 and Lot 30, Block 2, Mandalay Subdivision, P.B 1. Page 195, Key Largo,
Monroe County, Florida, was rezoned from URM to SC on September 28, 200 I.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan,
which took cifect on January 4, 1996, followed the land use district boundary and
designated a future land use category of Mixed Use Commercial (MC) for the Sub
Urban Commercial (SC) parcel and Residential High (RH) tor the URM parcels with
the exception of Lot 30, Block 2, Mandalay Subdivision, P.B 1. Page 195, Key Largo,
Monroe County, Florida that was zoned URM with a FLUM designation ofMC.
7. Based on Policy 101.4.5 of the Monroe County Year 2010 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 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 for the establishment of mixed use development patterns, where
appropriate.
8. The Mixed Use/Commercial (MC) FLUM designation corresponds with the requested
Mixed Use (MU) land use district designation.
9. Policy 101.4.4 The principal purpose of the Residential High category is to provide
tor high-density single-family, multi-family, and institutional residential
development, including mobile homes and manufactured housing, located near
employment centers.
] O. The Residential High (RH)FLUM designation corresponds with the requested Urban
Residential (UR) land use district designation.
II. Section 9.5-511 prohibits any map amendments that would negatively impact
community character. No negative impacts were identified.
12. Objective 101.11 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.
Page 3 ofS
13. The 2005 Public Facilities Capacity Assessment Report and the listed programs for
stormwater 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 gro\V1h to lands that are intrinsically most suitable for development and
shaH encourage conservation and protection of environmentally sensitive lands. The
parcels are cleared and were previously developed. There will be no expansion onto
environmentally sensitive lands.
15. Based on Chapter 380.031 of the Florida Statutes, the definition of "devclopment
Permit" includes zoning permit and rezoning. Therefore, a rezoning change should
support and implement the Land Development Regulations.
16. 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.
17. 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...
18. Based on Chapter 163.3177(6)(a) of the Florida Statutes, Future Land Use Map
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 ofland for ditferent type of uses.
19. The community character of the neighborhood is mixed use. There is a mix of
residential, resort, marina and restaurant uses with corresponding land use districts of
Sub Urban Commercial (SC). Urban Residential Mobile Home (lJRM) and Urban
Residential (UR).
20. The Director of Planning and Environmental Resources reviewed the proposed land
use district map amendment and accepted the application for processing based on the
determination that the proposed land use district map amendment was not subject to
Resolution 320-2005 of the Monroe County Board of County Commissioners.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. The future land use Map is just one of the elements of the Year 2010 Comprehensive
Plan which shows only the proposed future general distribution, location and extent
of the uses of land for different types of uses.
2. Determination of granting a development permit (including rezoning) is based on the
consistency of the proposal with applicable Land Development Regulations and the
overall intent of the Comprehensive Plan.
3. Based on the Findings of Facts presented, the proposed land use designation is
appropriate for this property. In the process of determining appropriate land use
designation tor the site, the Findings of Fact and Conclusions of Law shall be used to
guide the Staff.
Page 4 of5
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) and
to Urban Residential (UR), 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 connict with this ordinance are
hereby repealed to the extent of said conflict.
Section 5. This ordinance shall be tiled 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 Affairs or Administration Commission.
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.
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)
ATTEST: DANNY L. KOHAGE, CLERK
Deputy Clerk
Page 5 of 5
EXHIBIT ONE
Proposed Land Use District Map Amendment: Street Map
Key: Key Largo
Mile Marker: 97.5
~
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU) and Urban Residential Mobile Home District (URM)
to Urban Residential District.
Property Description: RE 00554420.000000, 00554730.000000,
00554700.000000 and 00554670.000000
1.000
Feet
Map Amendment: M25075
Land Use District Map #: 139
Proposed Land Use District Map Amendment: Aerial
Key: Key Largo
Mile Marker: 97.5
~
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU) and Urban Residential Mobile Home District (URM)
to Urban Residential District.
Property Description: RE 00554420.000000, 00554730.000000,
00554700.000000 and 00554670.000000
150
Feet
Map Amendment: M25075
Land Use District Map #: 139
~
SR
UR
,
"
"
"
"
"
,
,
,
,
,
The Monroe County Land Use Map is proposed to be amended
as indicated above and briefly described as:
Key: Key Largo
Mile Marker: 97.5
~
Proposal: Change Land Use District from Suburban Commercial District (SC)
to Mixed Use Distrct (MU) and Urban Residential Mobile Home District (URM)
to Urban Residential District.
Property Description: RE 00554420.000000, 00554730.000000,
00554700.000000 and 00554670.000000
250
Feet
Map Amendment: M25075
Land Use District Map #: 139
BOCC STAFF REPORT
MEMORANDUM
TO:
Board of County Commissioners
FROM:
David A. Dacquisto AICP, Director, Island Planning Team
Alex Score, Biologist
RE:
Rezoning Request, Earthmark Companies, LLC, For Properties with Real
Estate Numbers: 00554420.000000, 00554730.000000, 00554700.000000
and 00554670.000000
Date:
January 9,2006
MEETING DATE:
February 15, 2006
RE NUMBER: 00554420.000000
EXISTING FUTURE LAND USE MAP DESIGNATION: Mixed Use/Commercial
(MC)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Remains Unchanged
EXISTING ZONING DESIGNATION:
Sub Urban Commercial (SC)
PROPOSED ZONING DESIGNATION:
Mixed Use (MU)
RE NUMBERS: 00554730.000000,00554700.000000 AND 00554670.000000
EXISTING FUTURE LAND USE MAP DESIGNATION: Residential High (RH)
PROPOSED FUTURE LAND USE MAP DESIGNATION: Remains Unchanged
EXISTING ZONING DESIGNATION:
Urban Residential Mobile-
Home (URM)
PROPOSED ZONING DESIGNATION:
Urban Residential (UR)
PROPERTY OWNER:
Earthmark Companies, LLC.
AGENT:
The Craig Company
Page 1 of 13
Earthmark Companies LLC. Land Use District Map Amendment
Property Information
Key:
Size:
Key Largo
2.34 acres in total
Properties: The request to rezone from SC to MU is for the parcel having Real Estate
Number 00554420.000000 located between Overseas Highway and First Street.
The request to rezone from URM to UR is tor a site located between First Street and
Second Avenue. The site is comprised of parcels with the Real Estate Numbers
00554730.000000, 00554700.000000 and 00554670.000000.
Size:
RE # 00554420.000000
1.05 Acres
RE #s 00554730.000000,00554700.000000
and 00554670.000000 Total
1.29 Acres
Mile Marker:
MM98
Location Detail & Brief Description:
The site eommonly know as the Mandalay property is located on Key Largo and runs
southeasterly from Overseas Highway to 2nd 81. Along it's westerly boundary lies Second
A venue which allows local traffic adequate access to Overseas Highway. The property
southeast of 2nd St. is not part of the requested rezoning.
The applicant has requested a rezoning from Sub Urban Commercial (SC) for the
propeliy legally described as:
RE No. 00554420.000000
Lots 1,2,3,4,5,6, 7, 8, 30, 31,32 and 33, Block 2, Mandalay, Key Largo,
according to the plat thereof as recorded in Plat Book 1, Page 194,
Public Record of Monroe County, Florida.
The applicant has requested a rezoning from Urban Residential Mobile Home (URM) to
Urban Residential (UR) for the properties legally described as:
RE No. 00554730.000000, RE No. 00554700.000000 and RE No. 00554670.000000
A strip ofland 125 feet wide and 250 feet in depth ofTthe Southwesterly side of Block 3,
said strip being 125 feet on East First Street and East Second Street, and 250 feet on
Second A venue. Mandalay, Key Largo, according to the plat thereof recorded in Plat
Book 1, Page
194 of the Public Records of Monroe County, Florida.
AND
Page 2 of 13
Earthmark Companies LLC. Land Use District Map Amendment
A tract of land in Block 3 of Mandalay, a subdivision of Key Largo, according to the Plat
recorded in Plat Book 1, at Page 194 Public Records of Monroe County, Florida said tract
having a frontage of 100 feet on East First Street, according to the plat of Mandalay, and
a depth of 95 feet and further described as the Northwesterly 95 feet of the Northeasterly
100 feet of the Southwesterly 225 feet of said Block 3.
AND
The Northeasterly 50 feet of the Southwesterly 175 feet, and the Northeasterly 50 teet of
the Southwesterly 225 feet, Block 3, Mandalay, a subdivision on Key Largo, according to
the Plat recorded in Plat Book 1, Page 194 Public Records of Monroe County, Florida,
less the Northwesterly 95 feet of the Northeasterly 100 feet of the Southwesterly 225 feet
thereof of said Block 3.
The subject parcels are 2.34 acres in area and are part of a larger aggregated property of
2.6 a.c:es in ar~a, lo~ated at appr?ximate. mile mar~e~ 98. The pr~Rerty will increase in
area If the applIcant IS successful III vacatmg part of l' Street and 2 Street
Existing Use Identified:
The northern most property located between Overseas Highway and First Street is
presently used for storage. It ha<; an assessor's designation of vacant mobile-home. The
middle property between First Street and Second Street is vacant.
Existing Habitat:
The habitat of the subject properties is classified as disturbed. The southern most parcel
that is part of an aggregated development but not the subject of this rezoning request,
contains a dredged boat basin and the shoreline which are defined as altered for setback
purposes; twenty (20) feet from basin and thirty (30) feet along open water shoreline
provided that native vegetation exists or is planted and maintained at a ten (10) feet vvidth across the
t'lltire shoreline and is placed under a const,'lVation easement
The lots are developed and are not considered habitat for any listed animal species or
located within an acquisition area for preservation. The lots fall predominately within the
AE 8/1 0 flood zone except for the shoreline area that has a strip of VE ] 1/14 near the
boat basin per FIRM panel 0929K, effective, date February] 8,2005.
Land Use and Habitat on the 1985 Existing Conditions Aerials:
Sheet 265 of the 1985 Existing Conditions Aerials shows the habitat code to be 740,
which indicates that the site is disturbed.
Neighboring Land Uses and Character:
The property to the southwest is the site of Mariners Club condominiums and resort
hotel.
Page 3 of 13
Earthmark Companies LLC. Land Use District Map Amendment
The property to the northeast is developed with mobile~homes with the ocean front
property the site of a marina.
Zoning and Land Use History:
Pre-1986 Zoning
The properties were previously zoned BU~2, medium commercial. The BU-2 District is
intended to provide areas suitably situated for centers of commercial activity, restaurants,
marinas, area retail sales, sale of fuels, mechanical services, wholesaling, warehousing
and storage.
Prohibited uses included "any residential use."
Considerations During the 1986 Comprehensive Plan Process
In September] 986, the Land Use District Map was adopted and the subject property was
rezoned to Urban Residential Mobile-Home (URM) (Ordinance 33-1986 dated February
28, 1986). The URM zoning was consistent with the use of the land for mobile-homes
and RV's.
Considerations During the 2010 Comprehensive Plan Process
During the 2010 Comprehensive Plan process, the Future Land Use Map (FLUM)
categories were introduced.
The northerly property, RE# 00554420.000000, was given a FLUM designation of Mixed
Use Commercial (MC), consistent with the Sub Urban Commercial (SC) land use district
map designation.
The southerly properties, RE#s 00554730.000000, 00554700.000000 and
00554670.000000 were given a FLUM desif,'1lation of Residential High (RH), consistent
with the Urban Residential Mobile Home (URM) land use district map designation.
Changes to Boundary Considerations Since 1986
Lots 1 through 10 and lots 31 through 33 were rezoned from URM to SC on May 2, 1990
by BOCC Resolution 128-1990.
Lot 30, Block 2, Mandalay Subdivision, P.B I. Page] 95, Key Largo, Monroe County,
Florida, was rezoned from URM to SC on September 28,2001, by BOCC ordinance 16-
2001 & DCA F.O. OI~OR~134.
Analvsis and Rational (Pursuant to Section 9.5-511 (d) (5) b.)
9.5-511 (d) (5) (b) (i) Changed Projections and (ii) Changed Assumptions:
Page 4 of 13
Earthmark Companies LLC. Land Use District Map Amendment
Applicants Statement: A trend towards full-service communities continues in Key Largo
with increasing demand for development that provides for the type of amenities contained
in Mariners Club. A population desiring this type of community continues to increase
exponentially and requires development that addresses the need for housing for this
population. This increasing demographic illustrates the need for panned communities
that maintain the community character so cherished in the Keys. The previous residential
use included mobile home units and RV's to satisfy the housing need. The community
need has changed and the previous mobile home and R V units will be transformed into
multi-family (27) units and transient hotel units (11). The amendment of the land use
designation from URM to UR enables the development convert high density transient and
mobile home units into condominiums. The amendment of the SC land use designation
property to MU continues the ability for residential development while providing for
commercial amenities to service the community. The assumption of the status quo has
not been maintained in this region and amending the land use designation for these
properties will facilitate continuing improvement in the development of the area to
address the changing demographic need.
Impact and Policy Analvsis
Rezoning Request: Re # 00554420.000000:
Comparison of Development Potential for the Current and Proposed Land Uses:
1. Current Land Development Regulations (LOR's)
Currently, the property has a Sub Urban Commercial (SC) land use district map
designation.
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 list of pennitted as-of-right and conditional uses includes commercial uses, office,
institutional, commercial apartments, public uses, hotels and marinas.
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! 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
Page 5 of 13
Earthmark Companies LLC Land Use District Map Amendment
character and the natural environment. Employee housing and commercial apartments
are also permitted.
1. 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
2. Potential land uses with proposed Map Amendment
The applicant requests a Mixed Use (MU) land use district map designation.
Sec. 9.5-219. Purpose of the Mixed Use District (MU).
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.
The list of permitted as-of-right and conditional uses are similar to those under the SC
zoning district and include commercial uses, office, institutional, commercial apartments,
public uses, hotels and marinas. The MU district expands on these uses by including
detached residential dwellings and attached residential dwellings allowing for a greater
residential component than the SC district
The Future Land Use Category that corresponds to the Mixed Use (MU) land use
district is the Mixed Use/Commercial (MC) FLUM. This is the same FLUM as for the
Sub Urban Commercial (SC) land use district
Rezoning Request: Re #s 00554730, 0055700 and 00554670:
Comparison of Development Potential for the Current and Proposed Land Uses:
1. Current Land Development Regulations (LDR's)
Currently, the properties that are the subject of the second rezoning request have an
Urban Residential Mobile-Home (URM) land use district map designation.
Sec. 9.5-205. Purpose of the Urban Residential Mobile Home District (URM).
The purpose of the URM district is to recognize the existence of established mobile home
parks and subdivisions, but not to create new such areas, and to provide for such areas to
serve as a reservoir of affordable and moderate-cost housing in Monroe County.
Page 6 of 13
Earthmark Companies LLC. Land Use District Map Amendment
The list of permitted as-of-right and conditional uses includes mobile homes and
detached residential dwellings.
The Future Land Use Category that corresponds to the Urban Residential Mobile-
Home (URM) land use district is the Residential High (RH) FLUM.
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.
2. Potential land uses with proposed Map Amendment
The applicant requests an Urban Residential (UR) land use district map designation.
Sec. 9.5-204. Purpose of the Urban Residential District (UR).
The purpose of the UR 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 for vacation rental use of detached dwellings,
duplexes, and multifamily dwellings. This district should be established at or near
employment centers.
The UR district permits detached residential dwellings as-of....right and differs from the
URM district in that it allows attached residential dwellings as a conditional use, the
URM district does not.
The Future Land Use Category that corresponds to the Urban Residential (UR) land use
district is the Residential High (RH) FLUM.
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.
Compatibility \Vith 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.
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Density and Intensity
Staff has determined that there are 11 transient units, 21 residential units, 4,422 square
feet of commercial square footage and 12 boat slips legally established on the aggregated
property.
The subject properties are 2.34 acres in size. It is important to note that although not
subject to this rezoning, the applicant owns an additional .26 acre (11,326 sq. ft.) property
zoned SC that is not subject to a rezoning request and that will retain its SC land use
district designation. The addition of the SC site would increase the total acreage to
approximately 2.6 acres.
The 2.34 acres (101,930 sq. ft.) subject to the rezoning request is presently divided
between SC and URM land use districts. The SC is 1.05 acres (45,738 sq. ft.) in area and
the URM is 1.29 acres (56,192 sq. ft.) in area. The proposed rezoning is from SC to MU
and from U RM to UR.
The maximum number of dwelling units (DU) permitted is as follows:
Allocated and Max Net Density Permitted Per Acre
Urban Residential Mobile Home
Allocated Max Net
(DUI Acre) (DU/Buildable
Acre)
Urban Residential 1/]ot 0
Mobile Home
Mobile Home 5 7
Parks
Urban Residential
Allocated Max Net
(DU/Acre) (DU/Buildable
Acre)
Urban 6 12
Residential
Employee 6 25
Housing
Affordable 6 25
Housing
Allocated and Max Net Densitv Permitted Per Acre
Sub Urban Commercial
Allocated Max Net
(DU!Acre) (DU/Buildable
Acre)
Sub Urban 3 6
Commercial
Employee Housing " 15
.)
Mixed Use
Allocated Max Net
(DU/Acre) (DU/Buildable
Acre)
Mixed Use 1 12
Employee 1 18
Housing
Affordable 1 18
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I Housing
Pursuant to Section 9.5-269 lawfully established dwelllngs units will be carried forward
and applied to the redevelopment which may allow a higher density than indicated in the
tables above.
The maximum non-residential square footage perrnitted is as follows:
Commercial Maximum Floor Area Ration Permitted
Sub Urban Commercial
MFAR OSR
Commercial Retail:
Low intensity .35 .2
Medium intensity .25 .2
High intensity .15 .2
Office .45 .2
Institutional .30
Use Compatibility
Mixed Use
MFAR OSR
Commercial Retail:
Low intensity .35 .2
Medium intensity .25 .2
High intensitv .15 .2
Offices .40 .2
Institutional .30 .2
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 and attached residential dwelllngs that the SC
land use district does not.
Permitted and conditional uses listed in the URM and UR land use districts are similar in
that residential use is allowed the difference lies in the type of development. The URM
district restricts residential development to mobile-homes and detached residential
dwellings while the UR district allows detached residential dwellings and attached
residential dwellings.
The proposed rezoning and the permitted and conditional uses allowed would be
compatible with the neighboring properties.
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 parcels are cleared and were previously developed. There will be no expansion onto
environmentally sensitive lands.
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Effects on Public Facilities: Objective 101.1]
Monroe County shall implement measures to direct future growth away from
environmentally sensitive land and towards established development areas served by
existing public facilities.
Local Traffic and Parking
The subject property is located on Overseas Highway and is served by Second A venue on
its southwesterly boundary.
Traffic Circulation
The site is served by US-1 a four lane divided highway and has a connection via Second
A venue. 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.
Solid Waste
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 pennit authorizes the
withdrawal of sufficient quantities to meet the anticipated demand. The proposed land
use district map amendment is not anticipated to have any discernable effect on potable
water withdrawals.
Stormwater
Section 9.5-293 of the Land Development Regulations requires that all developments
retain stonnwater 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 or County Engineer and occurs at the time a
development pennit has been filed.
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Earthmark Companies LLC. Land Use District Map Amendment
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 support the development.
Wastewater issues will be addressed at the time a development proposal is brought
forward.
Effects on Redevelopment I InfillPotential:
The two northerly sites have been cleared previously although there is storage located on
the site adjacent U.S. 1 at present. There is an operating restaurant, bar and marina on the
southern most parcel that although not part of rezoning request, is under the same
ownership.
Under the MU and UR land use district designations, the applicant would have the
potential to develop the site with detached and attached residential dwellings in additional
to allowed commercial uses in the MU district.
Findim!s 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. In accordance with Section 9.5-511 (d) (5) (b) (i) Changed Projections and (ii)
Changed Assumptions: A trend towards full-service communities continues in Key
Largo with increasing demand for development that provides for the type of amenities
contained in Mariners Club. A population desiring this type of community continues
to increase exponentially and requires development that addresses the need for
housing for this population. This increasing demographic illustrates the need for
panned communities that maintain the community character so cherished in the Keys.
The previous residential use ineluded mobile home units and RV's to satisfy the
housing need. The community need has changed and the previous mobile home and
RV units will be transtormed into multi-family (27) units and transient hotel units
(11). The amendment of the land use designation from URM to UR enables the
development convert high density transient and mobile home units into
condominiums. The amendment of the SC land use designation property to MU
continues the ability tor residential development while providing for commercial
amenities to service the community. The assumption of the status quo has not been
maintained in this region and amending the land use designation tor these properties
will facilitate continuing improvement in the development of the area to address the
changing demographic need.
3. The pre-1986 zoning of the subject property was Medium Commercial BU-2. The
BU2 district was intended to provide areas suitably situated tor centers of commercial
activity, area retail sales, sale of fuels, mechanical services, wholesaling, warehousing
and storage.
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Earthmark Companies LLC. Land Use District Map Amendment
4. During the 1986 Comprehensive Plan process, the land use distriets of the subject
property were changed to Sub Urban Commercial (SC) consistent with the previous
commercial zoning and URM consistent with the use of the property as a mobile~
home park.
5. Subsequent to the 1986 Comprehensive Plan process Lots 1 through 10 and lots 31
through 33 were rezoned from URM to SC on May 2, 1990 by BOCC Resolution
128-1990 and Lot 30, Block 2, Manda1ay Subdivision, P.B 1. page 195, Key Largo,
Monroe County, Florida, was rezoned from URM to SC on September 28,2001.
6. The Future Land Use Map of the Monroe County Year 2010 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 (MC) for the Sub
Urban Commercial (SC) parcel and Residential High (RH) for the URM parccls with
the exception of Lot 30, Block 2, Mandalay Subdivision, P.B 1. page 195, Key Largo,
Monroe County, Florida that was zoned URM with a FLUM designation of MC.
7. Based on Policy 101.4.5 of the Monroe County Year 20 10 Comprehensive plan, 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 office may be pennitted at intensities, which are consistent with the
community character and the natural environment. This land use category is also
intended to allow for the establishment of mixed use development patterns, where
appropriate.
8. The Mixed Use/Commercial (MC) FLUM designation corresponds with the requested
Mixed Use (MU) land use district designation.
9. 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.
10. The Residential High (RH) FLUM designation corresponds with the requested Urban
Residential (UR) land use district designation.
11. Section 9.5-511 prohibits any map amendments that would negativc1y impact
community character. No negative impacts were identified.
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 Assessment Report and the listed prof,Tfams for
stormwater 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. The
parcels are cleared and were previously developed. There will be no expansion onto
environmentally sensitive lands.
15. Based on Chapter 380.031 of the Florida Statutes, the definition of "development
Permit" includes zoning permit and rezoning. Therefore, a rezoning change should
support and implement the Land Development Regulations.
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Earthmark Companies LLC. Land Use District Map Amendment
16. 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.
17. Based on Chapter 163.3213 2 (b) "Land development re&rulation" 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 dcvelopment of
land. This tcrm shall include a general zoning code, but shall not include a zoning
map, an action which results in zoning or rezoning of land...
18. Based on Chapter 163.3177(6)(a) of the Florida Statutes, Future Land Use Map
illustrate the proposed distribution, location, and extcnt of various categories of land
use in a futurc 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 ofthe uses ofIand for different type of uses.
19. The community character of the neighborhood is mixed use. There is a mix of
residential, resort, marina and restaurant uses with corresponding land use districts of
Sub Urban Commercial (SC), Urban Residential Mobile Home (URM) and Urban
Residential (UR).
Conclusions of Law
1. The future land use Map is just one of the elements of the Year 201 0 Comprehensive
Plan which shows only the proposed future general distribution, location and extent
of the uses ofIand for different types of uses.
2. Determination of granting a development permit (including rezoning) is based on the
consistency of the proposal with applicable Land Development Regulations and the
overall intent of the Comprehensive Plan.
3. Based on the Findings of Facts presented, the proposed land use designation is
appropriate for this property. In the process of determining appropriate land use
designation for the site, the Findings of Fact and Conclusions of Law shall be used to
guide the Staff
Recommendations
Based on the Findings of Fact and Conclusions of Law above, the Planning and
Environmental Resources Department, Development Review Committee and the
Planning Commission recommends A PPROV AL to the Board of County Commissioners
for the proposed Land Use District Map amendment from Sub Urban Commercial (SC)
to Mixed Use (MU) for parcel 00554420.000000 and the neighboring parcels
00554730.000000, 00554700.000000 and 00554670.000000 trom Urban Residential
Mobile-Home (URM) to Urban Residential (UR).
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Earthmark Companies LLC. Land Use District Map Amendment