Resolution 230-1997
BOCC RESOLUTION NO. 230-1997
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A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS DENYING THE REQUEST FILED BY
DODGE LAKE ENTERPRISES FOR AN AMENDMENT TO THE
FUTURE LAND USE MAP OF THE MONROE COUNTY YEAR
2010 COMPREHENSIVE PLAN FROM RESIDENTIAL MEDIUM
(RM) TO MIXED USE COMMERCIAL (MC) FOR PROPERTY
DESCRIBED AS GOVERNMENT LOT 1, SECTION 2,
<r GOVERNMENT LOT 2, PART OF GOVERNMENT LOT 3 AND SW
= 1/4, NORTH MARATHON SHORES IN SECTION 1, TOWNSHIP
-.66 SOUTH, RANGE 32 EAST, TALLAHASSEE MERIDIAN,
VACA KEY, MONROE COUNTY, FLORIDA, MILE MARKER
51. THE REAL ESTATE NUMBER IS 328510.
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'OJ WHEREAS, the Monroe County Board of County Commissioners,
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on April 15, 1993, adopted the Monroe County Year 2010
Cc:iiiiDrehensive Plan, and therefore, designated the
above-described property as Residential Medium (RM) on the Future
Land Use Map (FLUM); and
WHEREAS, the Monroe County Board of County Commissioners,
during a public hearing held on June 18, 1997, conducted a review
and consideration of a Future Land Use Map amendment request
filed by Dodge Lake Enterprises, Inc. to change the future land
use designation of the subj ect property from Residential Medium
(RM) to Mixed Use Commercial (MC); and
WHEREAS, the Planning and Environmental Resources
Departments have reviewed the proposed future land use map
amendment and recommend denial of the requested change to Mixed
Use/Commercial (MC) and recommend approval of Residential Low
(RL) instead; and
WHEREAS, during the amendment process, the Development
Review Committee, after due notice and public participation in
the hearing process, has reviewed the proposed future land use
map amendment and recommends denial of the requested change to
Mixed Use/Commercial (MC) and recommends approval of
Residential Low (RL); and
WHEREAS, during the amendment process, the Monroe County
Planning Commission, sitting as the local planning agency, after
due notice and public participation in the hearing process, has
reviewed the proposed future land use map changes and the
recommendations of the Planning and Environmental Resources
Departments and the Development Review Committee and recommends
denial of Mixed Use/Commercial (MC); and
WHEREAS, the Monroe County Board of County Commissioners,
after due notice and public participation in the hearing process,
has reviewed all of the above recommendations; and
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WHEREAS, the Monroe County Board of County Commissioners
hereby makes the following FINDINGS OF FACT:
1. The subject property was designated Improved Subdivision
(IS) on the Land Use District (Zoning) Map in 1986. In 1996
when the Year 2010 Comprehensive Plan became effective,
the subject property was designated Residential Medium (RM)
on the Future Land Use Map (FLUM).
2. Between 1960 and 1986, the property had been zoned RU-1 for
single-family residential development.
3. RM/IS and RU-1 districts allow one unit per lot pursuant to
Policy 101.4.3, Sec. 9.5-242, MCC, and the pre-1986 Monroe
County Code (MCC).
4. According to the applicant, the property contains a total of
4 individual units (1 main house and 3 suites) which, he
states, have historically been in commercial use. No
evidence was presented which indicated that commercial or
multiple family use was ever legally established.
5. Due to the following conditions placed on building permits
beginning in 1995, the property has been effectively
rendered a conforming single family residence:
--stoves rendered inoperable;
--rental of individual units prohibited; and
--commercial use of docks prohibited.
6. The applicant stated that the rationale for a zoning and
FLUM change were a data error, changed assumptions, new
issues and a need for additional detail or
comprehensiveness. The Planning Staff determined that only
a need for additional detail could justify a consideration
of a designation change based on the size and land use
configuration of the property.
7. The parcel is nearly 2 acres in size and is located on a
yacht basin which is surrounded by a neighborhood designated
RM on the FLUM. The parcel is across Aviation Boulevard
from the airport and about a tenth of a mile east of the
Lagoon Motel.
8. Testimony was given which indicated that many of the lots of
the North Marathon Shores subdivision are aggregated so that
although individual lot sizes may be smaller than the
subject property, large properties are common and the
community is less dense than most.
9. Lots zoned IS and designated RM on the FLUM which are as
large as the subject property exist elsewhere in the County.
10. Lot size is not specified for any land use designations in
the Year 2010 Comprehensive Plan or in the Monroe County
Code.
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11. The community surrounding the subject property is composed
of three predominant characters: the airport district to
the south, the single-family residential neighborhood to the
north, and the commercial motel use to the southwest. The
residential neighborhood is the most sensitive of these to
the uses on the subject property.
12. The subj ect parcel is part of North Marathon Shores which
was established in the early 1950s. It is one of the
largest and oldest residential subdivisions in Marathon,
with a well-established, family-oriented single family,
non-transient character.
13. Residents of North Marathon Shores testified that families
and children frequently use the lake for swimming and
boating. Therefore, although the subject property is on the
periphery of the subdivision, the orientation of the
subdivision towards Dodge Lake and the residents' historical
use of the lake integrates the parcel with the neighborhood
rather than buffering the neighborhood from it, making the
neighborhood sensitive to the parcel's use.
14. The purpose of the Residential Medium designation is to
recognize improved subdivisions and limit development there
to one unit per platted lot or parcel (101.4.3).
15. The purpose of the Mixed Use/Commercial future land use
designation is to provide areas for commercial, retail and
office development at intensities consistent with
surrounding commercial and retail uses (up to 32,757 square
feet), including marina, light industrial and hotel uses
purusant to Sec. 9.5-235, MCC and Policy 101.4.22.
16. The purpose of the Residential High district is to provide
for high density single and multi-family development near
employment centers (101.4.4). Residential High districts
allow detached and attached units and the tranfer of
development rights.
17. The purpose of the Residential Low district is to provide
for low density residential development in partially
developed areas with substantial native vegetation
(101.4.2). The Residential Low district allows detached and
attached residential dwellings and the transfer of
development rights.
18. The subject property has approximately .97 acres of net
buildable area, and thus, with the transfer of development
rights, could accommodate 4 units or 11 units under
Residential Low and Residentail High, respectively.
19. The Vacation Rental Ordinance, if it becomes effective,
would not allow transient rentals within Residential Medium
districts without rezoning to a subindicator (T) district,
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but would allow licensed rentals within Residential High (in
Urban Residential districts) and Residential Low districts.
20. Sec. 9.5-511, MCC, prohibits any map amendment which will
have negative impacts on community character. Obj ecti ve
101.4 requires that the County maintain community character
and protect natural resources through a compatible
distribution of land uses.
21. Commercial and multi-unit designations inherently involve
the potential for greater intensity in the form of road and
waterway traffic, increased noise, and additional
development potential. Potential community character
impacts include diminished neighborhood safety, privacy,
quiet and aesthetics.
WHEREAS, the Monroe County Board of County Commissioners
hereby adopts the following CONCLUSIONS OF LAW:
1. The land use designation of the subj ect property has been
continuously established as single family for more than
thirty years. (Findings 1-5)
2. The subject property's size and zoning are compatible with
the rest of the neighborhood and therefore are not reasons
for changing the future land use designation. (Findings
6-10)
3. Given the neighborhood's orientation toward the basin and
its sensitivity to uses around the basin, it is appropriate
that the subject property's designation be maintained
consistently and compatibly with the rest of the
subdivision's single family character. (Findings 6, 11-13)
4. Based on the requirements of Sec. 9.5-511, MCC, the need for
additional detail regarding the size and configuration of
the subject parcel related to its surrounding uses did not
outweigh the need to protect community character.
Therefore, there is not sufficient justification to change
the subject property's future land use designation to
anything besides its current Residential Medium designation
which allows only one single family residence per parcel.
(Findings 6, 14-21)
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact
and conclusions of law stated above; and therefore
Section 2. The previously described property is currently
designated Residential Medium (RM), as shown on the attached map,
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which is hereby incorporated by reference and attached as exhibit
1.
Section 3. The Future Land Use Map of the Monroe County Year
2010 Comprehensive Plan shall be not be amended, but shall
remain designated as delineated in Section 2 above.
Section 4. If any section, subsection,
change or provision of this ordinance
remainder of this ordinance shall not
invalidity.
sentence, clause, item,
is held invalid, the
be affected by such
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 18th day of June, A.D., 1997.
Mayor Douglass
Mayor Pro Tern London
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
yes
yes
yes
absent
yes
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BY
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK
BY
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Proposal: From RM to MC
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Property Description: N - Marathon Shores, Gov' t lot 1, See 2,
Govt' lot 2 & pt 3 & SW ~ See 1, Twn 66, Rge 32, Key Vaea
Applicant Name: Dodge Lake Enterprises Ine _ (Craig)
Map #: 5 File Number : F96016